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WILBUR   CROSS    LIBRARY 
UNIVERSITY  OF  CONNECTICUT 


JOURNAL 


32>«lO 


,  /'t  2»  ^M* 


OF  THE 


Constitutional  Convention 


OF 


CONNECTICUT, 


1902. 


PRINTED    BY   AUTHORITY. 


IbarttorD  press: 

The  Case,  Lockwood  &  Brainard  Company. 
I  go2  . 


state  of  Connecticut. 


Hartford,  May  16,  1902. 

We  hereby  certify  that  the  follow- 
ing is  a  true  record  of  the  proceed- 
ings of  the  Constitutional  Convention 
of  the  State  of  Connecticut  held  at 
Hartford,  in  January,  A.  D.  1902. 

Attest, 


^tV^^'^ 


Clerk. 


V  Assistant  Clerk 


JOURNAL. 


State  of  Connecticut. 

Hartford,  January  1,  A.D,  1902. 

On  January  1,  A.D.  1902,  by  virtue  of  an  act  of  the 
General  Assembly  of  the  State  of  Connecticut,  passed  at  its 
January  session,  A.  D.  1901,  a  Convention  of  Delegates  repre- 
senting the  several  Towns  of  the  State  met  in  the  Hall  of  the 
House  of  Representatives  at  the  Capitol  in  Hartford  at  the 
hour  of  twelve  o'clock,  noon. 

The  roll  of  the  Convention  was  called  by  Honorable  Charles 
G.  R.  Vinal,  Secretary  of  the  State. 

The  roll  of  the  Convention  was  called  as  follows  : 

HARTFORD    COUNTY. 

Hartford  —  Charles  Hopkins  Clark. 
Avon-  —  Robert  J.  Holmes. 
Berlin  —  Charles  Maples  Jarvis. 
Bloomfield  —  William  Martin  Brown. 
Bristol  —  Xoble  E.  Pierce. 
Burlington  —  E.  Samuel  Gillette. 
Canton  —  Edward  H.  Sears. 
East  Granby  —  Julius  G.  Dickinson. 
East  Hartford  —  Percy  S.  Bryant. 
East  Windsor  —  Howard  A.  Middleton. 
Enfield  —  Thompson  S.  Grant. 
Farmington  —  Amasa  A.  Redfield. 
Glastonbury  —  Henry  E.  Loomis. 


JOURNAL    OF   THE    CONSTITUTIOXAL    COXVENTION, 

Granby  —  Tbeodore  M.  Maltbie. 
Ilartland  —  George  W.  Miller. 
Mancbester  —  Frank  W.  Cbenev. 
Marlborougb  —  Frederick  Cooley. 
New  Britain  —  Eobert  J.  Vance. 
Ne^vington  —  George  E.  Cbnrcbill. 
Plainville  —  Aquila  H.  Condell. 
Rocky  Hill  —  Owen  R.  Havens. 
Simsbnry  —  Josepb  L.  Bartlett. 
Soiitbington  —  Marcus  H.   Holcomb. 
Soutb  Windsor  —  Lewis  Sperry. 
Suffield  —  Cbarles   C.   Bissell.'^ 
West  Hartford  —  William  H.  Hall. 
Wetbersfield  - —  Stepben  F.  Willard. 
Windsor  —  D.  Ellswortb  Pbelps. 
Windsor  Locks  —  Tbornas  L.  Healy. 

NEW    HAVEN    COUNTY. 

New  Haven  —  IsTorris  G.  Osborn. 
Waterbury  —  Francis  P.  Guilfoile. 
Ansonia  —  Denis  T.  Walsh. 
Beacon  Falls  —  Adna  D.  Warner. 
Betbany  — ■  Samuel  R.  Woodward. 
Branford  —  Louis  A.  Fisk. 
Cbesbire  —  Alonzo  E.  Smitb. 
Derby  —  Daniel  E.  McMabon. 
East  Haven  —  William  K.  Stevens. 
Guilford  ■ — •  Edward  Griswold. 
Hamden  —  James  H.  Webb. 
Madison  —  Jobn  H.  Meigs. 
Meriden  —  H.  Wales  Lines. 
Middlebury  —  George   W.   Wallace. 
Milford  —  Dumond  P.  Merwin. 
2^augatuck  —  Jobn  H.  Wbittemore. 
ISTortb  Branford  —  George  L.  Ford. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

North  Haven  —  Marcus  D.  Marks. 
Orange  —  Samuel  J.  Bryant. 
Oxford  —  William  O.  Davis. 
Prospect  —  David  B.  Hotchkiss. 
Seymour  —  "William  H.  H.  Wooster. 
Soutlibury  —  Henry  B.  Russell. 
Wallingf ord  —  John  B.  Kendrick. 
Wolcott  —  Evelyn  M.  Upson. 
Woodbridge  —  G.  Halsted  Bishop. 

NEW  LONDON  COUNTY. 

New  London  —  Thomas  M.  Waller. 
Norwich  —  Frank  T.  Brown. 
Bozrah  —  E.  Judson  Miner. 
Colchester  —  Harley  P.  Buell. 
East  Lyme  —  Edwin  C.  Chipman. 
Franklin  —  J.  Henry  King. 
Griswold  —  Arthur  M.  Brown. 
Groton  —  Henry  L.  Bailey. 
Lebanon  —  Isaac  Gillette. 
Ledyard  —  William  I.  Allyn. 
Lisbon  —  Calvin  D.  Bromley. 
Lyme  —  James  L.  Raymond. 
Montville  —  Joseph  F.  Killeen. 
North  Stonington  —  James  F.  Brown. 
Old  Lyme  —  Joseph  S.  Huntington. 
Preston  —  George  A.  Frink. 
Salem  —  Alvah  Morgan. 
Sprague  —  William  J,  Riley. 
Stonington  —  Frank  H.  Hinckley. 
Voluntown  —  E.  Byron  Gallup. 
Waterford  —  Charles   A.    Gallup. 

FAIRFIELD    COUNTY. 

Bridgeport  —  Daniel  Davenport, 
Danbury  —  Eugene  C.  Dempsey. 


JOURNAL    OF    THE    COKSTITDTIOISrAL    CONVENTION. 

Bethel  —  Howard  H.  Woodman. 
Brookfield  —  Elmer  H.  Northrop. 
Darien  —  Thaddeus  Bell. 
Easton  —  Edgar  G.  Jennings. 
Fairfield  —  John  Hoyt  Perry. 
Greenwich  —  R.  Jay  Walsh. 
Hnntington  —  Sturgis  Whitlock. 
Monroe  —  Edwin  C.  Shelton. 
ISTew  Canaan  —  Benjamin  P.  Mead. 
New  Fairfield  —  Homer  L.   Wanzer. 
Newtown  —  Charles  H.  Northrop. 
Norwalk  —  Asa  B.  Woodward. 
Eedding  —  Jonathan  B.  Sanf ord. 
Ridgefield  —  William  O.  Seymour. 
Sherman  —  George  A.  Barnes. 
Stamford  —  Schuyler  Merritt. 
Stratford  —  Henry  P.  Stagg. 
Trumbull  —  Ormel  Hall. 
Weston  —  Frank  Gorham. 
Westport  —  Eufus  Wakeman. 
Wilton  — H.  E.  Chichester. 

WINDHAM    COUNTY. 

Windham  —  Eugene  S.  Boss. 
Putnam  —  Byron  D.  Bugbee. 
Ashf ord  —  Thomas  K.  Fitts. 
Brooklyn  —  Henry  M.  Evans. 
Canterbury  —  Levi  N.  Clark. 
Chaplin  —  William  J.  Groesbeck. 
Eastf ord  —  Monroe  F.  Latham. 
Hampton  —  William  H.  Buruham. 
Killingly  —  Aurin  P.  Somes. 
Plainfield  —  Edwin  Milner. 
Pomfret  —  Thomas  0.  Elliott. 
Scotland  —  Gerald  Waldo. 


JOURIS'AL    OF   THE    CONSTITUTIONAL    CONVENTION. 

Sterling  —  C'laramon  Hunt. 
Thompson  —  Eandolph  H.  Chandler. 
Woodstock  —  George  Austin  Bowen. 

LITCHFIELD    COUNTY. 

Litchfield  —  Charles  B.  Andrews. 
"Winchester  —  "Wellington  B.  Smith. 
I^ew  Milford  —  Charles  M.  Beach. 
Barkhamsted  —  Hubert  B.  Case. 
Bethlehem  —  Abner  P.  Hayes. 
Bridgewater  —  Marcus  B.  Mallett. 
Canaan  —  John  H.  Belden. 
Colebrook  —  Julian  H.  Smith. 
Cormvall  —  Philo  M.  Kellogg. 
Goshen  —  Henrv  G.  Wright. 
Harwinton  —  Clarence  M.  Ely. 
Kent  —  Irwin  J.  Beardsley. 
Morris  —  Lyman  W.  Whittlesey. 
!N"ew  Hartford  —  John  Fox  Smith. 
Xorfolk  —  William  O'Connor. 
North  Canaan  —  Charles  W.  Camp. 
Plymouth  —  Charles  H.  Smith. 
Eoxbnry  —  George  R.  Crofut. 
Salisbury  —  Donald  T.  Warner. 
Sharon  —  George  S.  Kirby. 
Thomaston  —  Frank  W.  Etheridge. 
Torrington  —  Orsamus  R.  Fyler. 
Warren  —  Xoble  B.  Strong. 
Washington  —  John  C.  Brinsmade. 
Watertown  —  Augustus  IST.  Woolson. 
Woodbury  —  Horace  D.  Curtiss. 

MIDDLESEX    COUNTY. 

Middletown  —  D.  Ward  Northrop. 
Haddam  —  George  M.  Clark. 


O  JOUKNAL    OF    THE    CO^'STITUTIOXAL    CONVENTION. 

Chatham  —  "William  IST.  Markham. 
Chester  —  Wilbnr  A.  Brothwell. 
Clinton  —  Charles  A.  Pelton. 
Cromwell  —  Edward  S.  Coe. 
Durham  —  Frederick  P.  Hubbard. 
East  Haddam  —  Albert  E.  Purple. 
Essex  —  George  H.  Blake. 
Killingrworth  —  Lauren  L.  Xettleton. 
Middlefield  —  Fred  W.  Terrill. 
Old  Saybrook  —  William  H.  Smith. 
Portland  —  Asaph  H.  Hale. 
Saybrook  —  Frederick  L'Hommedieu. 
Westbrook  —  Theodore  D.  Post. 

TOLLAND  COUNTY. 

Tolland  —  Loren  ]!S[ewcom.b. 
Andover  —  Elliot  P.  Skinner. 
Bolton  —  J.  White  Sumner. 
Columbia  —  William  A.  Collins. 
Coventry  —  Alexander  S.  Hawkins. 
Ellington  —  Francis  M.  Charter. 
Hebron  —  Marshall  Porter. 
Mansfield  —  Kalph  W.  Storrs. 
Somers  —  George  E.  Keeney. 
Stafford  —  Edwin  C.  Pinney. 
Union  —  Milton  H.  Kinney. 
Vernon  —  Charles  Phelps. 
Willington  —  William  H.  Hall. 

All  the  delegates  answered  to  their  names  except  R.  Jay 
Walsh  of  Greenwich. 

Honorable  William  Hamersley,  a  Judge  of  the  Supreme 
Court  of  Errors,  then  administered  the  following  oath  to  the 
delegates : 


JOUEI^AL    OF    THE    CONSTITUTIONAL    CONVENTION.  V 

You,  being  clioseD  delegates  to  this  Convention,  for  the 
purpose  of  framing  a  form  of  Constitution  to  be  proposed  to 
the  electors  of  this  State,  do  each  solemnly  swear  that  you 
will  faithfully  discharge,  according  to  law,  the  duties  de- 
volved upon  you  to  the  best  of  your  ability.  So  help  you 
God. 

The  Secretary  of  the  State  then  introduced  to  the  Conven- 
tion Lauren  L.  Xettleton  of  Killingu^orth,  the  oldest  delegate, 
who  acted  as  temporary  chairman,  and  called  the  Convention 

to  order. 

CONVENTION  RESOLUTIONS. 

Convention  Resolution  Xo.  1.  Mr.  Cheney  of  Manchester 
introduced  a  resolution  appointing  Messrs.  Phelps  of  Vernon, 
Brown  of  Xorwich,  and  Davenport  of  Bridgeport,  as  a  com- 
mittee on  Credentials. 

The  resolution  was  passed. 

The  committee  retired  and  soon  reported  through  Mr. 
Phelps  of  Vernon  that  the  roll  of  the  Convention  as  read  by 
the  Secretary  of  the  State  is  the  correct  roll  of  the  member- 
ship of  the  Convention. 

On  motion  of  Mr.  Hall  of  Willington  the  report  of  the  com- 
mittee was  accepted. 

The  chairman  then  stated  that  the  next  business  in  order 
was  the  election  of  a  President  of  the  Convention. 

]\rr.  Warner  of  Salisbury  nominated  for  President  Hon- 
orable Charles  B.  Andrews  of  Litchfield,  and  moved  that  he 
be  elected  by  acclamation. 

The  motion  prevailed,  and  the  chairman  declared  Honor- 
able Charles  B.  Andrews  elected  President. 

The  President  then  addressed  the  Convention  as  follows : 

Gentlemen  of  the  Convention :  Our  meeting  together  has 
been  ordered  by  the  people  of  the  State  to  consider  their 
present  Constitution  —  w^hether  or  not  any  changes  should 
be  made  in  it  and  if  so  what  those  changes  shall  be.  A  con- 
stitution is  that  body  of  rules  and  maxims  in  accordance  with 
which  the  powers  of  sovereignty  are  habitually  exercised,  and 


10  JOURXAL    OF    THE    COXSTITUTIOIS^AL    COXVEXTIOIT. 

its  provisions  are  the  rule  of  conduct  for  those  branches  of 
the  government  which  administer  the  sovereign  power.  The 
American  idea  of  a  constitution  is  that  its  rules  are  funda- 
mental; that  upon  these  the  structure  of  the  government  de- 
pends, and  it  is  intended  to  be  permanent.  The  powers  of 
sovereigiity  cannot  be  readily  changed.  The  American  idea 
of  a  constitution  has  in  it  the  further  element  that  it  rests  on 
the  consent  of  the  governed. 

One  of-  the  most  philosophic  of  historians,  in  bringing  to- 
gether various  of  the  pithy  sayings  into  which  the  teachings 
of  history  have  been  crystallized,  among  others  mentions  this : 
"  The  doubtful  precedents  of  one  generation  become  the 
fundamental  maxims  of  a  soon  succeeding  one."  The  history 
of  the  people  of  the  State  of  Connecticut  furnishes  a  most 
striking  example  of  the  truth  of  this  aphorism.  It  is  less  than 
300  years  since  Thomas  Hooker,  right  here  in  Hartford,  said 
in  respect  to  the  choosing  of  magistrates  that  the  foundation 
of  authority  is  in  the  consent  of  the  people.  It  was  a  doubtful 
saying  at  the  time.  But  within  a  few  generations  it  became 
an  acknowledged  principle  with  the  American  people  that 
governments  derive  all  their  just  powers  from  the  consent  of 
the  governed. 

Those  who  heard  Thomas  Hooker  put  his  precepts  into  im- 
mediate practice.  They  established  certain  fundamental 
orders  for  their  own  government  to  which  all  those  governed 
did  actually  give  their  consent.  At  that  time  a  Constitution 
by  that  name  Avas  not  known.  But  those  orders,  in  truth, 
were  a  Constitution.  They  furnished  the  rules  in  accordance 
with  which  all  the  powers  and  functions  of  their  government 
were  habitually  exercised.  The  fundamental  orders  con- 
tinued in  full  force  till  the  charter  came.  The  colonists  never 
gave  their  consent  to  the  charter  in  the  same  sense  that  they 
had  ffiven  it  to  the  fundamental  orders.  They  were,  how- 
ever,  wise  in  their  generation.  They  administered  their  gov- 
ernment under  the  charter  with  such  skill,  that  while  they 
avoided  anv  offense  to  rovaltv  it  is  difficult  for  the  student  of 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  11 

today  to  see  where,  in  the  effectiveness  of  essential  principles, 
the  fnndamental  orders  were  ever  displaced.  Eather,  on  the 
other  hand,  the  orders  seem  never  to  have  been  displaced.  As 
we  look  back  to  the  government  of  the  colony  the  charter 
seems,  in  practice,  to  have  been  regarded  not  as  a  snbstitnte 
for  the  fnndamental  orders  but  as  a  recognition  of  the  govern- 
ment which  had  previously  existed,  and  a  confirmation  of  the 
rights  and  privileges  which  the  colonists  had  enjoyed  from 
the  first. 

In  1818  a  Constitution,  strictly  so  called,  was  adopted.  Por 
more  than  eighty  years  it  has  given  to  our  State  a  very  high 
degree  of  jirosperity;  and  it  has  afforded  to  all  our  people  a 
measure  of  personal  and  civic  liberty  which  has  attracted  the 
notice  and  met  with  the  commendation  of  all  lovers  of  free 
government  everyw^here.  And  now  we  are  met  to  discuss 
changes  in  that  Constitution.  The  importance  of  our  labor 
cannot  well  be  overstated.  Changes  in  fundamental  princi- 
ples, principles  which  are  in  very  truth  fundamental,  cannot 
be  made  without  changing  the  structure  of  the  government. 
vSuch  changes  ought  not  to  be  made  except  for  the  very 
highest  reasons. 

In  the  application  of  fundamental  principles  to  the  work  of 
administratiqn,  changes  must  be  made  from  time  to  time. 
The  constantly  varying  conditions  of  social  and  political  life 
make  such  changes  necessary.  The  prosperity  of  our  State, 
the  freedom  and  happiness  of  its  people  afford  strong  con- 
firmation that  the  principles  as  well  as  the  details  of  the  gov- 
ernment under  which  we  have  thus  far  lived  are  not  radically 
defective.  It  will  be  ours  to  enlarge  and  confirm  rather  than 
to  overthrow  or  deny.  We  may  make  an  extended  applica- 
tion of  acknowledged  truths  to  exigencies  which,  however 
long  anticipated,  could  not  until  now  be  defined.  We  may 
thus  establish  judicious  reforms  without  any  startling  change. 
To  change  is  not  the  same  thing  as  to  reform.  With  the 
Constitution  as  it  is  we  know  we  have  had  prosperity.     But 


12  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

in  this  behalf  the  prospect  does  not  occasion  iis  any  anxiety. 
Only  a  very  few  changes  in  onr  Constitution  are  suggested. 
That  instrnment  has  given  to  onr  people  so  satisfactory  a  gov- 
ernment that  for  the  most  part  it  has  escaped  all  serions  criti- 
cism. Very  obviously  it  will  be  the  part  of  prudence  to  con- 
fine our  labors  to  those  few  particulars  where  change  is 
thought  to  be  desirable.  Would  it  not  be  worse  than  folly 
to  change  any  feature  of  our  fundamental  law  which  has  en- 
dured almost  a  century  and  has  always  given  satisfaction? 
Antiquity  of  time  affords  added  stability  to  the  State  and 
added  security  to  life  and  possessions.  To  be  associated  with 
you,  gentlemen,  in  your  deliberations  is  itself  a  privilege  of 
which  I  might  well  be  proud.  For  the  distinguished  part  in 
these  deliberations,  which  you  have  assigned  me,  I  am  deeply 
and  profoundly  grateful.  It  is  my  desire,  as  it  is  my  hope, 
to  be  able  to  execute  the  trust  with  a  faithful  regard  for  the 
rights  of  the  members  of  the  Convention,  and  the  interests 
of  the  people  of  the  State;  that  I  may  discharge  these  duties 
with  strict  impartiality,  and  with  unremitting  assiduity  and 
attention.  Beyond  these  my  own.  endeavors,  gentlemen,  I 
am  as  every  one  must  be  who  stands  in  the  position  that  I  now 
accept  at  your  hands,  a  supplicant  for  your  co-operation,  con- 
sideration, and  forbearance. 

Prayer  was  then  offered  by  Rev.  E.  P.  Parker  of  Hart- 
ford, as  follows : 

Almighty  God,  who  ever  reignest  over  all  the  works  of 
Thy  hands  in  the  same  sovereignty  of  justice,  wisdom,  love, 
and  power  in  which  Thou  hast  created  and  fashioned  them; 
assembled  in  this  place  dedicated  to  the  high  uses  of  this  com- 
monwealth, on  a  grave  errand  of  the  people  concerning  their 
political  welfare,  we  pause  for  a  brief  space,  as  is  meet  and 
right,  to  bow  the  knee  of  our  minds  and  hearts  before  Thee 
in  humble  and  reverent  recognition  of  Thine  authority  in  the 
governments  of  earthly  states  and  kingdoms,  and  in  the  earn- 
est iinploration  of  Thy  guidance  and  blessing  for  all  who 


JOUE^^AL    OF    THE    CONSTITUTIO^^AL    CONVE^'TIO^'■.  13 

compose  this  Convention,  tlirongh  all  the  stages  of  their  de- 
liberations and  proceedings. 

Bestow,  O  Lord,  we  beseech  Thee,  upon  these  Thy  servants 
all  needful  wisdom  for  the  right  and  proper  discharge  of  their 
several  responsibilities.  Give  them  a  right  judgment  in  all 
things  that  come  before  them.  Direct  and  further  their  pro- 
ceedings to  the  end  that  the  counsels  of  truth,  justice,  and 
patriotism  may  prevail  and  be  established  in  their  conclusions. 

We  call  to  mind  with  grateful  hearts,  as  our  fathers  have 
told  us,  what  work  Thou  didst  in  their  days,  in  the  times  of 
old.  They  trusted  in  Thee  and  were  not  confounded.  They 
looked  to  Thee  and  were  enlightened.  Walking  humbly  and 
bravely  by  Thy  guidance  they  prepared  the  way  for  us  to 
dwell  here  in  all  the  plenitude  of  our  liberties  and  prosperi- 
ties. 

God  of  our  fathers,  who  didst  so  lead  them  by  the  hand 
of  illustrious  men,  be  likewise  our  God,  and  the  God  of  our 
children  and  children's  children,  from  generation  to  genera- 
tion. Let  Thy  blessing,  O  Lord,  be  upon  our  beloved  coun- 
try; upon  our  President  and  all  associated  with  him  in  au- 
thority; upon  this  ancient  commonwealth  so  dear  to  us  all; 
upon  its  present  Governor  and  all  who  share  with  him  the 
administration  of  public  affairs;  and  upon  our  whole  people. 
And  graciously  grant  that  the  course  of  things  may  be  so 
wisely  and  peaceably  ordered,  both  here  and  now  and  in  the 
times  to  come,  that  when  we  shall  have  gone  hence,  and  from 
age  to  age,  there  may  still  survive  and  flourish  in  this  com- 
monwealth of  Connecticut  an  honest,  orderly,  free,  religious, 
and  happy  people,  jealous  of  ancestral  virtues,  proud  of  a 
noble  history,  and  zealous  for  future  welfare  and  fame. 

And  unto  Thy  holy  name.  Eternal  God,  be  rendered  all 
.  might  and  majesty,  dominion  and  glory,  both  now  and  ever- 
more.    Amen. 

Convention  Resolution  Xo.  2.  Mr.  Hall  of  Willington  in- 
troduced the  followinc:  resolution: 


14  JOUKXAL    OF    THE    CONSTITUTIOXAL    CONVENTION. 

J-icsolved  by  this  Convention : 

That  Frank  E,  Healy  of  Windsor  Locks  be  and  hereby  is 
elected  Secretary  of  this  Convention. 

The  resolution  was  discussed  by  Mr.  Hall  of  Willington. 

Mr.  Clark  of  Hartford  moved  to  amend  the  resolution  by 
striking  ont  all  after  the  enacting  clause  and  inserting,  in 
lieu  thereof,  the  following :  "  That  this  Convention  proceed 
to  elect  by  ballot  a  Clerk  and  an  Assistant  Clerk,  both  to  be 
members  of  this  Convention,  but  not  of  the  same  political 
party." 

The  amendment  was  discussed  by  Messrs.  Clark  of  Hart- 
ford, Bryant  of  East  Hartford,  Hall  of  Willington,  Clark  of 
Haddam,  and  Osborn  of  Xew^  Haven. 

The  amendment  did  not  prevail. 

The  resolution  was  further  discussed  by  Mr.  Brothwell  of 
Chester, 

Mr.  Pierce  of  Bristol  moved  that  the  resolution  be  amended 
by  sti iking  out  the  word  "  Secretary  "  and  inserting  in  lieu 
thereof  the  word  "  Clerk." 

The  amendment  was  adopted. 

The  resolution  was  then  passed  as  amended. 

The  President  then  declared  Frank  E.  Healy  as  duly 
elected  Clerk  of  the  Convention,  and  the  oath  of  office  was 
administered  to  him  by  Honorable  William  Hamersley,  a 
Judge  of  the  Supreme  Court  of  Errors. 

Convention  Kesolution  'No.   3.     Mr.   Hall  of  Willington 
then  introduced  the  following  resolution  : 
Pesolved  by  this  Convention : 

That  George  E.  Hinman  of  Windham  be  and  hereby  is 
elected  Assistant  Clerk  of  this  Convention. 

The  resolution  was  discussed  by  Mr.  Hall  of  Willington. 

On  motion  of  Mr.  Osborn  of  New  Haven,  the  resolution 
was  tabled. 

Convention  Resolution  Xo.  4.  Mr.  Clark  of  Hartford  in- 
troduced the  following  resolution  : 


JOUKXAL   OF   THE    CONSTITUTIONAL    CONVEXTIOX. 


15 


Resolved  bv  this  Convention : 

That  Messrs.  Periy  of  Fairfield  and  Waller  of  ISTew  London 
be  and  tliev  are  hereby  declared  elected  Vice-Presidents  of 
this  Convention. 

The  resolution  was  passed. 

Convention  Resolution  No.  5.     Mr.  Chandler  of  Thompson 
introduced  the  following  resolution  : 
Resolved  by  this  Convention : 

That  Dwight  H.  Barstow,  Samuel  P.  Clark,  Abel  C. 
Adams,  and  John  G.  Terrell  be  appointed  Messengers  of  this 
Convention,  and  that  Judson  S.  Leonard,  Lester  C.  Hibbard, 
Park  B.  Smith,  Walter  C.  Dailey,  James  B.  Beers,  and  Loren 
A.  Waldo  be  appointed  Doorkeepers  of  this  Convention. 

On  motion  of  Mr.  Bryant  of  East  Hartford,  the  resolution 
was  tabled. 

Mr.  Brown  of  Xorth  Stoningi;on  moved  that  when  the  Con- 
vention adjourn  it  be  to  meet  on  Thursday,  January  2,  1902, 
at  11  o'clock  A.  M. 

The  motion  prevailed. 

Convention  Resolution  Xo.  6.     Mr.  Hall  of  Willington  in- 
troduced the  following  resolution : 
Resolved  by  this  Convention  ; 

That  the  President  appoint  a  committee  of  three  delegates 
on  the  assignment  of  seats  to  the  members  by  lot. 

Mr.  Maltbie  of  Granby  moved  that  the  resolution  be 
tabled. 

The  motion  did  not  prevail. 

Mr.  Bryant  of  East  Hartford  moved  to  amend  by  Sched- 
ule "  A." 

The  motion  was  discussed  b}^  Messrs.  Bryant  of  East  Hart- 
ford and  Brown  of  Xorwich. 

The  motion  to  amend  did  not  prevail. 

Mr.  Waller  of  Xew  London  moved  to  amend  by  Schedule 
"  B." 


16  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

The  amendment  was  discussed  by  Mr.  AValler  of  Xew  Lon- 
don. 

The  motion  to  amend  prevailed. 

The  resolution  was  then  passed  as  amended. 

The  amendment  was  as  follows: 

Schedule  "  B." 

That  the  Clerk  of  the  Convention  be  instructed  to  draw  for 
the  members  the  number  of  their  seats  from  the  roll  call  of 
the  Convention,  and  that  said  drawing  take  place  at  once. 

Mr.  Clark  of  Hartford  moved  that  on  account  of  the  blind- 
ness of  Mr.  H.  Wales  Lines  of  Meriden  he  be  allowed  to  wear 
his  hat  during  the  sessions  of  the  Convention,  and  that  the 
Clerk  be  instructed  to  allow  Mr.  Lines  to  select  his  seat  in  the 
Convention  before  he  commenced  to  assign  the  same. 

The  motion  prevailed. 

Mr.  Lines  of  Meriden  selected  seat  Xo.  1. 

The  Clerk  then  proceeded  to  draw  the  numbers  for  the 
seats,  and  their  assignment  was  as  follows : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  90;  Holmes,  103; 
Jarvis,  105;  W.  M.  Brown,  146;  Pierce,  118;  E.  S.  Gillette,  9; 
Sears,  136;  Dickinson,  11;  P.  S.  Bryant,  IT;  Middleton,  87; 
Grant,  140;  Redfield,  53;  Loomis,  63;  Maltbie,  55;  Miller, 
29;  Cheney,  7;  Cooley,  83;  Vance,  37;  Churchill,  54;  Con- 
dell,  185;  Havens,  101;  Bartlett,  94;  Holcomb,  122;  Sperry, 
25;  Bissell,  13;  W.  H.  Hall,  44;  Willard,  21;  D.  E.  Phelps, 
144;  Healy,  93. 

New  Haven  County. —  Messrs.  Osborn,  107;  Guilfoile, 
114;  D.  T.  Walsh,  58;  A.  D.  Warner,  92;  S.  R.  Woodward, 
131;  Fisk,  15;  A.  E.  Smith,  172;  McMahon,  132;  Stevens, 
169,  Griswold,  135;  Webb,  72;  Meigs,  167;  Lines,  1;  Wal- 
lace, 124;  Merwin,  139;  AVhittemore,  130;  Ford,  12;  Marks, 
6;  S.  J.  Bryant,  98;  Davis,  89;  Hotchkiss,  73;  Wooster,  96; 
Russell,  57;  Kendrick,  50;  Upson,  27;  Bishoi),  56. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


17 


Xew  London  County.  —  Messrs.  Waller,  45 ;  F.  T.  Brown, 
43;  Miner,  108;  Buell,  171;  Chipman,  106;  King,  26;  A. 
M.  Brown,  99;  Bailey,  78;  I.  Gillette,  145;  Allyn,  174; 
Bromley,  176;  Raymond,  177;  Killeen,  31;  J.  F.  Brown, 
173;  Huntington,  84;  Frink,  125;  Morgan,  23;  Riley,  111: 
Hinckley,  109;  E.  B.  Gallup,  22;  C.  A.  Gallup,  180. 

Fairfield  County. — Messrs.  Davenport,  24;  Dempsey, 
112;  Woodman,  179;  E.  H.  Northrop,  51;  Bell,  33;  Jen- 
nings, 49;  Perry,  40;  R.  J.  Walsh,  47;  Whitlock,  28;  Shel- 
ton,  123;  Mead,  113;  Wanzer,  4;  C.  H.  Northrop,  143;  A. 
B.  Woodward,  30;  Sanford,  104;  Seymour,  82;  Barnes,  141; 
Merritt,  8;  Stagg,  46;  O.  Hall,  34;  Gorham,  116;  Wake- 
man,  5;  Chichester,  41. 

Windham  County. — Messrs.  Boss,  102;  Bugbee,  14; 
Fitts,  121;  Evans,  138;  L.  N.  Clark,  85;  Groesbeck,  42; 
Latham,  36;  Burnham,  35;  Somes,  137;  Milner,  88;  Elliott, 
134;  Waldo,  80;  Hunt,  100;  Chandler,  74;  Bowen,  166. 

Litchfield  County. — Messrs.  W.  B.  Smith,  70;  Beach, 
178;  Case,  2;  Hayes,  119;  Mallett,  10;  Belden,  133;  J.  H. 
Smith,  142;  Kellogg,  19;  Wright,  128;  Ely,  71;  Beardsley, 
110;  Whittlesey,  20;  J.  F.  Smith,  52;  O'Connor,  61;  Camp, 
95;  C.  H.  Smith,  120;  Crofut,  32;  D.  T.  Warner,  16;  Kirby, 
38;  Etheridge,  97;  Fyler,  64;  Strong,  186;  Brinsmade,  67; 
Woolson,  69;  Curtiss,  117. 

Middlesex  County. — Messrs.  D.  W.  Northrop,  81;  G.  M. 
Clark,  60;  Markham,  175;  Brothwell,  115;  Pelton,  127;  Coe, 
75;  Hubbard,  170;  Purple,  184;  Blake,  66;  Nettleton,  183; 
Terrill,  126;  W.  H.  Smith,  79;  Hale,  62;  L'Hommedieu,  77; 
Post,  39. 

Tolland  County. — Messrs.  Newcomb,  165;  Skinner,  91; 
Sumner,  48;  Collins,  3;  Hawkins,  18;  Charter,  181;  Porter, 
182;  Storrs,  129;  Keeney,  68;  Pinney,  65;  Kinney,  59; 
Phelps,  76;  W.  H.  Hall,  86. 

Convention   Resolution   Xo.    7.     Mr.   Webb   of  Hamden 
introduced  the  following  resolution  : 
c.  c— 2 


18  JOURNAL    OF    THE    COXSTITUTIO^^IL    CONVENTION. 

Eesolved,  That  a  committee  of  five  be  appointed  by  the 
President  to  frame  a  system  of  rules  for  the  order  and  gov- 
ernment of  the  Convention  dnring  its  session. 

The  resolution  was  passed. 

The  President  appointed  as  such  committee  Messrs. 
Warner  of  Salisbury,  jSTorthrop  of  Middletown,  Woodward 
of  Norwalk,  Webb  of  Hamden,  Maltbie  of  Granby. 

Convention  Resolution  Xo.  8.  Mr.  Osborn  of  New  Haven 
.  introduced  the  following  resolution  : 

Eesolved,  That  the  Comptroller  be  requested  to  employ 
and  provide  doorkeepers  and  messengers  to  attend  upon  the 
Convention  during  its  sessions  as  necessity  determines. 

Mr.  Pierce  of  Bristol  moved  as  an  amendment  that  a  com- 
mittee of  five  delegates  be  appointed  by  the  President,  to 
whom  should  be  referred  the  pending  resolution  and  all  other 
resolutions  relating  to  the  further  organization  of  the  Con- 
vention, and  that  said  committee  rej^ort  their  recommenda- 
tions to  the  Convention, 

On  motion  of  Mr.  Griswold  of  Guilford,  the  amendment 
was  tabled. 

The  resolution  was  then  discussed  by  Messrs.  Webb  of 
Hamden,  Clark  of  Haddam,  and  Hall  of  Willington. 

Mr.  Hall  of  Willington  moved  to  table  the  resolution. 

The  motion  did  not  prevail. 

The  resolution  was  then  passed. 

Convention  Resolution  Xo.  9.     Mr.  Perry  of  Fairfield  in- 
troduced the  following  resolution : 
Resolved  by  this  Convention : 

That  whatever  compensation  is  fixed  by  the  Comptroller 
for  Messengers  and  Doorkeepers  be  their  entire  compensation, 
without  any  gratuities. 

The  resolution  was  passed. 

Mr.  Bell  of  Darien  introduced  the  following  resolution : 

Convention  Resolution  Xo.  10.  Resolved,  That  the  Comp- 
troller be  requested  to  furnish  transportation  to  the  members 
of  this  Convention  durino:  the  term  of  its  session. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  19 

The  resolution  was  discussed  by  Messrs.  Waller  of  New 
London,  Bryant  of  Orange,  and  Phelps  of  Vernon. 

The  resolution  was  passed. 

Convention  Resolution  No.   11.     Mr.  Phelps  of  Vernon 
introduced  the  following  resolution : 
Kesolved  by  this  Convention  : 

That  the  provisions  of  Chapter  12  of  the  Public  Acts  of 
1899,  being  "  An  Act  concerning  Transportation  of  Members 
of  the  General  Assembly,"  be  and  they  are  hereby  made  to 
apply  to  the  transportation  of  members  of  this  Convention. 

The  resolution  was  passed. 

Convention  Resolution  No.  12.  Mr.  Redfield  of  Farming- 
ton  introduced  the  following  resolution  : 

Resolved,  That  the  rules  of  the  House  of  Representatives 
of  the  State  of  Connecticut,  printed  in  the  Register  and  Man- 
ual for  1901,  as  prepared  by  the  Secretary  of  State,  be  ac- 
cepted as  the  temporary  rules  of  the  Convention  until  other- 
wise ordered. 

The  resolution  was  discussed  by  Mr.  Waller  of  New 
London. 

On  motion  of  Mr.  Waller  of  New  London,  the  resolution 
was  tabled. 

On  motion  of  Mr.  Perry  of  Pairfield,  the  Convention,  at 
2.05  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday,  Janu- 
arv  2d,  at  11  o'clock  A.  M. 


20  JOURNAL    OF    THE    CONSTITUTIONAL    CONTENTION. 


Thursday,  January  2,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  Rev.  Charles  H.  Smith  of  Plymouth. 

CONVENTION   RESOLUTIONS. 

Convention  Resolution  l^o.  13.  By  Mr.  Bryant  of  East 
Hartford,  a  resolution  authorizing  and  directing  the  Clerk  of 
the  Convention  to  have  printed  and  distributed  daily  four 
hundred  copies  of  the  Journal  of  the  Convention. 

The  resolution  was  discussed  by  Mr.  Bryant  of  East  Hart- 
ford. 

The  resolution  was  passed. 

Convention  Resolution  'No.  14.  By  Mr.  Hall  of  Willing- 
ton,  a  resolution  authorizing  the  President  of  the  Convention 
to  appoint  four  permanent  tellers. 

The  resolution  was  passed. 

The  President  appointed  as  permanent  tellers  for  the  Con- 
vention : 

Messrs.  Whittlesey  of  Morris,  Section  1. 
Case  of  Barkhamsted,  Section  2. 
Hayes  of  Bethlehem,  Section  3. 
Bissell  of  Suffield,  Section  4. 

Convention  Resolution  jSTo.  15,  By  Mr.  Waller  of  Xew 
London,  a  resolution  naming  January  16,  1902,  as  the  last 
day  for  the  admission  of  new  business. 

The  resolution  was  discussed  by  Mr.'  Davenport  of  Bridge- 
port. 

On  motion  of  Mr.  Merritt  of  Stamford,  the  resolution  was 
tabled,  and  ordered  printed  in  the  Journal. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  21 

The  following  is  the  resolution : 
Resolved  by  this  Convention: 

That  no  resolution  amending,  changing,  or  adding  to  the 
existing  Constitution  of  this  State  shall  be  presented  to  this 
Convention  later  than  January  16,  1902. 

Convention  Resolution  No.  16.  By  Mr.  Phelps  of  Ver- 
non, a  resolution  that  all  debentures,  grants,  orders,  or  resolu- 
tions passed  by  the  Convention  authorizing  supplies  from  the 
Comptroller,  or  payments  by  the  Treasurer,  shall  first  be  re- 
corded in  the  office  of  the  Secretary  of  State. 

The  resolution  was  discussed  by  Mr.  Phelps  of  Vernon. 

The  resolution  was  passed. 

Convention  Resolution  No.  17.  By  Mr.  Vance  of  New 
Britain,  a  resolution  raising  a  committee  of  five,  to  be  ap- 
pointed by  the  President,  to  consider  the  question  of  steno- 
graphically  reporting  and  printing  the  debates  and  proceed- 
ings of  the  Convention. 

The  resolution  was  discussed  by  Mr.  Vance  of  New  Britain. 

The  resolution  was  passed. 

Convention  Resolution  No.  18.  By  Mr.  Perry  of  Fair- 
field, a  resolution  requesting  and  authorizing  the  Comptroller 
to  appoint  a  stenographer  who  shall  be  Assistant  Clerk  of  the 
Convention. 

The  resolution  was  referred  to  the  committee  to  be  ap- 
pointed by  the  President  on  stenographically  reporting  the 
proceedings  of  the  Convention. 

REPORTS    OF    COMMITTEES. 

Convention  Resolution  No.  19.  (See  Convention  Journal, 
January  1st.)  The  report  of  the  committee  on  Rules  and 
Orders,  on  a  resolution  containing  Rules  and  Orders  for  the 
government  of  the  Convention,  recommending  the  passage  of 
the  resolution,  was  received. 

The  resolution  was  read,  and  explained  by  Mr.  Warner  of 
Salisbury,  chairman  of  the  committee  on  the  part  of  the  Con- 


22 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


vention,  and  discussed  hj  Messrs.  Brown  of  JSTorwicli,  Webb 
of  Hamden,  Etheridge  of  Thomaston,  Davenport  of  Bridge- 
port, Clark  of  Haddam,  Milner  of  Plainfield,  Northrop  of 
Middletown,  and  Loomis  of  Glastonbnrj. 

On  motion  of  Mr.  Milner  of  Plainfield,  the  resolution  was 
tabled,  and  ordered  printed  in  the  Journal. 

The  following  is  the  resolution: 

The  committee  appointed  to  frame  Eules  and  Orders  for 
the  Convention  beg  leave  to  report. 

They  recommend  that  the  following  Rules  and  Orders  be 
adopted  as  the  Rules  and  Orders  of  this  Convention : 

1.  The  President  or  one  of  the  Vice-Presidents  shall  take 
the  chair  every  day  at  the  hour  to  which  the  Convention  shall 
have  adjourned,  and,  after  roll-call,  shall  immediately  call 
the  Convention  to  order,  and,  if  a  quorum  be  present,  pro- 
ceed to  business. 

2.  In  the  absence  of  a  quorum  the  Presiding  Officer  may 
adjourn  the  Convention  to  the  afternoon,  or  to  the  next  sitting 
day.  At  all  other  times  during  the  session  an  adjournment 
shall  be  pronounced  by  the  Presiding  Officer  on  motion,  no 
objection  being  made;  but  if  an  adjournment  be  objected  to 
the  question  shall  be  decided  by  the  Convention  without  de- 
bate. 

3.  The  Presiding  Officer  shall  preserve  decorum  and 
order,  and  shall  decide  questions  of  order  without  debate, 
subject  to  an  appeal  to  the  Convention.  He  shall  rise  to 
put  a  question,  but  may  state  it  sitting.  The  question  first 
moved  shall  be  first  put;  and  in  all  cases  the  sense  of  the  Con- 
vention shall  be  first  taken  upon  the  largest  number  or  sum. 
and  longest  time,  proposed  in  any  question. 

4.  In  all  cases  when  a  vote  is  taken  Avithout  a  division, 
the  Presiding  Officer  shall  determine  whether  it  is,  or  is 
not,  a  vote;  and  in  all  doubtful  cases  he  shall  ask,  "Is  it 
doubted  V  If  the  vote  be  doubted  it  shall  be  tried  again; 
but,  after  the  Presiding  Officer  has  declared  the  vote,  it  shall 


JOURNAL    OF    THE    COIs^STITUTIOXAL    CONVENTIOX.  23 

not  be  recalled,  unless  bj  a  regular  motion  for  reconsideration 
made  by  a  member  in  the  vote  of  the  Convention. 

5.  If  the  Presiding  OfRcer  doubt  a  vote,  or  a  division 
be  called  by  a  member,  the  question  shall  be  again  put,  and 
those  voting  in  the  affirmative  shall  first  rise  from  their 
seats.  If  required  by  a  member,  those  of  a  contrary  mind 
shall  rise  and  be  counted.  The  President  shall  appoint  four 
members  as  tellers,  one  for  each  section,  to  count  those  vot- 
ing. 

6.  The  yeas  and  nays  shall  be  taken  on  any  question  when 
called  for  by  one-fourth  of  the  members  present  and  voting. 

7.  In  all  cases  of  balloting,  and  upon  the  yeas  and  nays 
being  taken,  the  Presiding  Officer  may  vote;  in  other  cases 
he  shall  not  vote  unless  the  Convention  be  equally  divided, 
or  unless  his  vote,  if  given  to  the  minority,  Avill  make  the 
division  equal;  and  in  case  of  such  equal  division  the  ques- 
tion shall  be  lost. 

8.  "When  the  Convention  adjourns  the  members  shall  keep 
their  seats  until  the  Presiding  Officer,  if  he  please,  goes  out; 
then  the  members  may  follow. 

9.  When  any  member  is  about  to  speak  in  debate,  or 
deliver  any  matter  to  the  Convention,  he  shall  rise  and  re- 
spectfully address.  "  Mr.  President."  If  two  or  more  rise  at 
once  the  Presiding  Officer  shall  name  the  member  who  is 
first  to  speak. 

10.  Any  member  who  has  spoken  once  or  oftener  upon 
any  question  shall  give  place  to  any  other  member  rising  to 
speak,  who  has  not  spoken  so  often  upon  that  question. 

11.  In  the  absence  of  the  regular  Presiding  Officers  the 
Convention  shall,  without  debate,  from  day  to  day,  choose  a 
member  to  preside,  unless  the  President  shall  have  designated 
a  member  to  preside  for  the  day.  Whenever  the  President 
or  the  Vice-President  presiding  shall  desire  to  participate  in 
any  debate  or  vote,  he  may  designate  any  member  to  preside 
temporarily  over  the  Convention. 


24  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

12.  No  debate  shall  be  allowed  after  a  question  is  put 
and  remains  undecided. 

13.  When  a  motion  is  made  it  shall  be  stated  to  the  Con- 
vention by  the  Presiding  Officer  before  any  debate  be  had 
thereon;  but  every  motion  shall  be  reduced  to  writing,  if  the 
Presiding  Officer  so  direct,  or  any  member  request  it. 

14.  When  a  question  is  under  debate,  no  motion  shall  be 
received  unless  to  amend,  to  commit,  to  postpone,  for  the 
previous  question,  to  lie  on  the  table,  for  the  orders  of  the  day, 
or  to  adjourn;  nor  either  of  these  after  the  question  is  put. 
But  a  motion  to  adjourn  shall  supersede  every  other  motion, 
and  shall  be  decided  without  debate. 

15.  When  a  motion  is  stated  by  the  Presiding  Officer, 
or  read  by  the  Clerk,  it  shall  be  in  possession  of  the  Con- 
vention, but  may  be  Avithdrawn  at  any  time  before  decision  or 
amendment,  but  not  after  amendment,  unless  the  Convention 
give  leave. 

16.  All  committees  shall  be  appointed  by  the  President, 
unless  other-wise  specially  directed  by  the  Convention. 

17.  If  any  member,  in  speaking  or  otherwise,  transgress 
the  Rules  or  Orders  of  the  Convention,  the  Presiding  Officer 
shall,  or  any  member  may,  call  him  to  order,  and,  if  speaking, 
he  shall  sit  doAvn,  unless  permitted  to  explain;  and  the  Pre- 
siding Officer  shall  then  decide  the  question  of  order;  but  the 
party  may  appeal  from  the  decision  of  the  Presiding  Officer 
to  the  Convention,  which  shall  decide  thereon  without  debate. 

18.  The  Clerk  shall  keep  a  Journal  of  the  Proceedings 
of  the  Convention,  in  which  shall  be  entered  all  the  votes 
that  shall  be  taken  in  the  Convention,  and  the  yeas  and  nays 
when  taken,  and  all  other  things  proper  to  be  entered  in  such 
a  Journal;  and  shall  cause  a  printed  copy  thereof  to  be  placed 
upon  the  desk  of  each  member  at  the  opening  of  the  next  fol- 
lowing session. 

19.  A  majority  of  the  Convention  shall  constitute  a  quo- 
rum. 


JOURXAL    OF    THE    COXSTITUTIOXAL    CONVENTIOX.  25 

20.  Xo  rule  shall  be  suspended  except  by  a  vote  of  at 
least  two-tliirds  of  the  members  present. 

21.  The  rules  of  parliamentary  practice  shall  govern  the 
Convention  in  all  cases  to  which  they  are  applicable,  and  in 
which  they  are  not  inconsistent  with  these  rules. 

DOE^ALD  T.  WARMER, 
D.  WARD  jS^ORTHROP, 
ASA  B.  WOODWARD, 
JAMES  H.  WEBB, 
THEODORE  M.  MALTBIE, 

Committee. 

Mr.  Perry  of  Fairfield  asked  and  obtained  the  unanimous 
consent  of  the  Convention  to  introduce  an  amendment  to  the 
rules,  and  upon  his  motion  the  amendment  was  tabled,  and 
ordered  printed  in  the  Journal. 

The  following  is  the  amendment : 

Amendment  to  Rule  19. 

Insert  at  the  end  of  the  rule  the  following :  "  But  no 
vote  adopting  any  portion  or  the  whole  of  a  proposed  consti- 
tution shall  be  passed,  except  by  the  affirmative  vote  of  a 
majority  of  all  the  delegates  elected  and  sworn." 

Convention  Resolution  Xo.  20.  (See  Convention  Journal, 
January  1st.)  The  report  of  the  committee  on  Rules  and 
Orders,  on  a  resolution  raising  eight  standing  committees  for 
the  Convention,  recommending  the  passage  of  the  same,  was 
received. 

On  motion  of  Mr.  Hall  of  Willington,  the  resolution  was 
tabled,  and  ordered  printed  in  the  Journal. 

The  following  is  the  resolution : 

Supplementary  Report  of  the  Committee  on  Rules  and 

Orders  on  the  Appointment  of  Committees. 
The  committee  on  Rules  and  Orders  of  Procedure  recom- 
mend the  adoption  of  the  following  resolution  : 


26  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Resolved,  That  eight  standing  committees  be  appointed  as 
follows : 

1.  A  committee  on  Preamble,  Declaration  of  Rights, 
and  Distribution  of  Powers,  consisting  of  nine  (9)  members; 

2.  A  committee  on  Legislative  Department,  consisting 
of  thirty-five  (35)  members; 

3.  A  committee  on  Executive  Department,  consisting  of 
fifteen  (15)  members; 

4.  A  committee  on  Judicial  Department,  consisting  of 
fifteen  (15)  members; 

5.  A  committee  on  Qualifications  of  Electors,  consisting  of 
fifteen  (15)  members; 

6.  A  committee  on  Religion  and  Education,  consisting  of 
nine  (9)  members; 

7.  A  committee  on  Impeachments,  General  Provisions, 
and  Amendments,  consisting  of  twenty-one  (21)  members; 

8.  A  committee  on  the  Constitution,  consisting  of  twenty- 
one  (21)  members,  to  which  shall  be  referred  all  reports  of 
the  foregoing  committees,  after  approval  by  the  Convention, 
to  prepare  a  draft  of  the  Constitution  as  a  whole. 

Also  a  special  committee  on  Contingent  Expenses,  con- 
sisting of  nine  (9)  members. 

DONALD  T.  WARNER, 
D.  WARD  NORTHROP, 
ASA  B.  WOODWARD, 
JAMES  H.  WEBB, 
THEODORE  M.  MALTBIE, 

Committee. 

Subsequently,  Mr.  Davenport  of  Bridgeport  asked  the 
unanimous  consent  of  the  Convention  that  the  chairman  of 
the  committee  on  Rules  and  Orders  might  explain  the  fore- 
going reports. 

The  President  ruled  that  such  a  request  was  not  in  order 
unless  by  the  unanimous  consent  of  the  Convention. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  27 

Mr.  Milner  of  Plainfield  objected  to  a  further  discussion  of 
the  reports  at  this  time. 

ORDER  OF  THE  DAY. 

On  motion  of  Mr.  Bugbee  of  Putnam,  Convention  Resolu- 
tions ISTumbers  19  and  20,  being  the  reports  of  the  committee 
on  Rules  and  Orders,  on  the  adoption  of  rules  and  the  appoint- 
ment of  committees  for  the  Convention,  were  made  the 
Order  of  the  Day  for  Tuesday,  January  7,  1902,  at  12.45 
o'clock  P.  M. 

MISCELLANEOUS. 

Convention  Resolution  ISTo.  3.  A  resolution  appointing 
George  E.  Hinman  of  Windham  Assistant  Clerk  of  the  Con- 
vention, was  taken  from  the  table  on  motion  of  Mr.  Osborn  of 
ISTew  Haven. 

Mr.  Osborn  moved  to  amend  by  striking  out  the  words 
"  George  E.  Hinman  of  Windham,"  and  inserting  in  lieu 
thereof  the  words  "  James  M.  Sullivan  of  Waterbury." 

On  motion  of  Mr.  Milner  of  Plainfield  the  resolution  and 
amendment  were  tabled. 

Mr.  Bryant  of  East  Hartford  moved  that  the  Clerk  be  in- 
structed to  have  printed  the  reports  of  the  committee  on  Rules 
and  Orders,  and  mail  a  copy  of  said  reports  to  every  member 
of  the  Convention. 

The  motion  prevailed. 

Mr.  Bryant  of  East  Hartford  moved  that  when  the  Con- 
vention adjourn,  it  adjourn  to  meet  on  Tuesday,  January  Tth, 
at  12.30  o'clock  P.  M. 

The  motion  prevailed. 

On  motion  of  Mr.  Clark  of  Haddam,  the  Convention,  at 
12  o'clock  M.,  adjourned  to  meet  on  Tuesday,  January  Tth,  at 
12.30  o'clock  P.  M. 


28  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Tuesday,  January  7,  1902. 
The  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  Eev.  AVilliam  Martin  Brown  of 
Bloomfield. 

OATH    OP    OFFICE. 

Mr.  Davenport  of  Bridgeport  stated  that  Mr.  Walsh,  the 
delegate  from  Greenwdch,  who  was  not  present  at  the  opening 
of  the  Convention,  was  now  in  attendance,  and  ready  to  take 
the  oath  of  office  as  a  delegate. 

The  Clerk  then  administered  the  official  oath  of  office 
as  a  delegate  to  Mr.  R.  Jay  Walsh  of  Greenwich. 

CONVENTION   RESOLUTIONS. 

Convention  Resolution  'No.  21.  Mr.  Beach  of  New  Mil- 
ford  introduced  a  resolution  appointing  Rev.  William  Martin 
Brown  of  Bloomfield  and  Rev.  Charles  H.  Smith  of  Plymouth 
as  Chaplains  of  the  Convention. 

The  resolution  was  passed. 

Convention  Resolution  No.  22.  Mr.  Hayes  of  Bethlehem 
introduced  a  resolution  authorizing  and  directing  the  mes- 
sengers to  receive  and  distribute  daily  the  mail  of  the  mem- 
bers of  the  Convention. 

The  resolution  was  passed. 

BUSINESS    ON    THE    CALENDAR. 

Order  of  the  Day  for  12.45  o'clock  P.  M. 

At  12.35  o'clock  P.  M.  Mr.  Perry  of  Fairfield  moved  that 
the  Convention  proceed  to  take  up  the  orders  of  the  day, 
which  were  Convention  Resolution  !Rumber  19,  a  resolution 
formulating  rules  for  the  government  of  the  Convention,  and 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  29 

Convention  Resolution  Xumber  20,  a  resolution  raising  eight 
standing  committees  for  the  Convention. 

The  motion  prevailed. 

Convention  Kesolntion  ISTo.  19.  The  report  of  the  com- 
mittee on  Rules  and  Orders,  on  a  resolution  formulating  rules 
for  the  government  of  the  Convention,  was  taken  from  the 
table,  and  explained  by  Mr.  Warner,  of  Salisbury,  Chair- 
man of  the  committee  on  the  part  of  the  Convention. 

Mr.  Warner  of  Salisbury  moved  the  substitution  of  three 
amendments  to  the  rules  in  lieu  of  those  previously  reported, 
as  being  recommended  by  the  committee,  and  moved  that  the 
amendments  be  incorporated  in  the  committee's  report. 

The  motion  prevailed. 

The  amendments  were  as  follows : 

Schedule  "  A." 

Substitute  for  Rule  3. 

The  presiding  officers  shall  preserve  decorum  and  order, 
and  shall  decide  questions  of  order  without  debate,  subject  to 
an  appeal  to  the  Convention.  He  shall  rise  to  put  a  question, 
but  may  state  it  sitting.  The  question  first  moved  shall  be 
first  put,  except  as  provided  in  Rule  14;  and  in  all  cases  the 
sense  of  the  Convention  shall  be  first  taken  upon  the  largest 
number  or  sum  and  longest  time  proposed  in  any  question. 

Schedule  "  B." 

Substitute  for  Rule  14. 

When  a  question  is  under  debate,  no  motion  shall  be  re- 
ceived except 

(1)  To  adjourn; 

(2)  To  lay  on  the  table; 

(3)  For  the  previous  question ; 

(4)  For  the  order  of  the  day ; 

(5)  To  postpone; 


30  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

(6)  To  close  the  debate  at  a  specified  time; 

(7)  To  commit; 

(8)  To  amend; 

wliich  several  motions  shall  have  precedence  in  the  order  in 
which  they  stand  arranged  in  this  rule. 


Schedule  "  C." 

Substitute  for  Eule  19. 

A  majority  of  the  Convention  shall  constitute  a  quorum, 
but  neither  the  whole  nor  any  part  of  a  proposed  constitution 
shall  be  adopted  except  by  the  affirmative  vote  of  a  majority 
of  all  the  delegates  elected  and  SAVorn. 

The  resolution  was  then  discussed  by  Messrs.  Warner  of 
Salisbury,  Davenport  of  Bridgeport,  and  Merritt  of  Stam- 
ford. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Sched- 
ule "D." 

The  motion  was  discussed  by  Messrs.  Davenport  of  Bridge- 
port and  Clark  of  Haddam. 

Mr.  Clark  of  Haddam  moved  that  the  amendment  be  in- 
definitely postponed. 

The  motion  prevailed. 

Mr.  Huntington  of  Old  Lyme  moved  to  amend  by  Sched- 
ule "  E." 

The  motion  was  discussed  by  Messrs.  Huntington  of  Old 
Lyme,  Brown  of  Norwich,  and  Perry  of  Tairfield. 

The  motion  prevailed. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Sched- 
ule "  F." 

The  motion  was  discussed  by  Messrs.  Davenport  of  Bridge- 
port and  Milner  of  Plainfield. 

The  motion  prevailed. 

Mr.  Loomis  of  Glastonbury  moved  to  amend  by  Schedule 
"  G." 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  31 

The  motion  was  discussed  by  Messrs.  Loomis  of  Glaston- 
bury and  Huntington  of  Old  Lyme. 

The  motion  did  not  prevail. 

Mr.  Loomis  of  Glastonbury  moved  to  amend  by  Schedule 
"  H." 

The  motion  was  discussed  by  Messrs.  Loomis  of  Glaston- 
bury and  Perry  of  Lairfield, 

The  motion  did  not  prevail. 

Mr.  Loomis  of  Glastonbury  moved  to  amend  by  Schedule 
a  T  jj 

The  motion  was  discussed  by  Messrs.  Loomis  of  Glaston- 
bury,  Bryant  of  East  Hartford,  Vance  of  New  Britain,  and 
Clark  of  Haddam. 

The  motion  did  not  prevail. 

Mr.  Bryant  of  Orange  moved  to  amend  by  Schedule  "  J." 

The  motion  was  discussed  by  Messrs.  Bryant  of  Orange, 
Webb  of  Hamden,  and  Clark  of  Haddam. 

Mr.  Davenport  of  Bridgeport  moved  that  when  the  vote 
be  taken  it  be  by  the  yeas  and  nays. 

The  motion  did  not  prevail. 

The  motion  to  amend  by  Schedule  "  J  "  did  not  prevail. 

Mr.  Bryant  of  East  Hartford  moved  to  amend  by  Sched- 
ule "  K" 

The  motion  was  discussed  by  Mr.  Bryant  of  East  Hartford. 

The  motion  to  amend  prevailed. 

Mr.  Perry  of  Fairfield  moved  that  the  amendment  just 
adopted  should  be  Rule  20  instead  of  Eule  21,  and  that  Rule 
20  should  be  known  as  Rule  21,  and  that  Rule  21  should  be 
known  as  Rule  22. 

The  motion  prevailed. 

Mr.  Kendrick  of  Wallingford  moved  that  in  taking  the 
vote  on  adopting  the  rules  the  question  be  so  divided  that  the 
vote  on  Rules  19  and  20  be  taken  separately  from  the  vote 
on  the  other  rules. 

The  motion  did  not  prevail. 


32  JOUKNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

The  resolution  was  then  passed  as  amended,  and  the  report 
of  the  committee  accepted. 

The  following  are  the  amendments  that  were  adopted : 

Schedule  "  E." 

Substitute  for  Kule  Xo.  20 : 

!N"o  rule  shall  be  suspended  except  by  a  vote  of  at  least  two- 
thirds  of  the  delegates  elected  and  sworn. 

Schedule  "  F." 

Amendment  to  Rule  6 : 

Strike  out  from  this  rule  the  words  "  one  fourth  "  and  in- 
sert the  words  "  one  sixth  "  in  lieu  thereof. 

Schedule  "  K" 

Rule  21.  No  motion  to  reconsider  a  vote  shall  be  made 
except  on  the  day  of  the  vote,  or  the  next  session  day,  and 
there  shall  be  no  vote  of  reconsideration  on  either  of  the  fol- 
lowing motions :  To  adjourn,  for  the  previous  question,  or  to 
reconsider,  and  no  question  shall  be  twice  reconsidered. 

Convention  Resolution  JSTo.  20.  The  report  of  the  com- 
mittee on  Rules  and  Orders,  on  a  resolution  raising  eight 
standing  committees,  recommending  the  passage  of  the  reso- 
lution, was  taken  from  the  table,  and  explained  by  Mr. 
Warner  of  Salisbury,  chairman  of  the  committee  on  the  part 
of  the  Convention,  and  discussed  by  Messrs.  Webb  of  Ham- 
den  and  Clark  of  Haddam. 

Mr.  Clark  of  Haddam  moved  that  the  resolution  be  in- 
definitely postponed. 

The  motion  prevailed,  and  the  resolution  was  rejected,  and 
the  report  of  the  committee  rejected. 

Convention  Resolution  No.  5.  A  resolution  appointing 
the  Messengers  and  Doorkeepers  of  the  House  of  Representa- 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  33 

tives  of  1901  to  tlie  same  positions  in  the  Convention,  was 
taken  from  the  table,  on  motion  of  Mr.  Perry  of  Fairfield. 

The  resolution  was  rejected. 

Convention  Eesoliition  No.  12.  A  resolution  adopting  the 
rules  of  the  House  of  Representatives  of  1901  as  the  tem- 
porary rules  of  the  Convention,  was  taken  from  the  table,  on 
motion  of  Mr,  Perry  of  Pairfield. 

The  resolution  was  rejected. 

CONVENTION   RESOLUTIONS. 

Convention  Eesolution  ISTo.  23.  Mr.  Huntington  of  Old 
Lyme  introduced  a  resolution  dispensing  with  the  daily  roll- 
call. 

The  resolution  was  passed  by  a  two-thirds  vote  of  the 
delegates  elected  and  sworn. 

Convention  Eesolution  jSTo.  24.  Mr.  Osborn  of  ISTew 
Haven  introduced  a  resolution  appointing  a  committee  of 
twenty-one  to  which  shall  be  referred  for  classification  and 
drafting  such  resolutions  and  propositions  as  in  the  judgment 
of  the  Convention  are  necessary  and  proper  to  be  so  referred. 

Mr.  Perry  of  Fairfield  offered  a  resolution,  and  moved 
,  that  it  be  substituted  for  the  one  under  discussion. 

The  resolutions  were  discussed  by  Messrs.  Osborn  of  ISTew 
Haven,  Perry  of  Fairfield,  Davenport  of  Bridgeport,  Milner 
of  Plainfield,  Clark  of  Hartford,  and  "Webb  of  Hamden. 

The  motion  to  substitute  the  resolution  prevailed. 

Mr.  Loomis  of  Glastonbury  moved  to  amend  by  Schedule 

The  motion  was  discussed  by  Messrs.  Loomis  of  Glaston- 
bury, Perry  of  Fairfield,  Webb  of  Hamden,  Clark  of  Had- 
dam,  and  Davenport  of  Bridgeport. 

The  motion  to  amend  did  not  prevail. 

The  substitute  resolution  was  then  passed. 

The  resolution  is  as  follows : 
Resolved  by  this  Convention : 
c.  c— 3 


34  JOURNAL    OF    THE    COXSTITUTIOXAL    COXVEXTIOX. 

That  this  Convention  proceed  at  once  to  consider  that  por- 
tion of  Article  3  of  the  Constitution  which  relates  to  the  com- 
position of  the  Senate  and  House  of  Representatives,  and  con- 
fine its  consideration  of  the  Constitution  and  proposed  changes 
in  it  to  that  subject  until  it  is  determined. 

Convention  Resolution  Xo.  25.  Mr.  Clark  of  Haddam  in- 
troduced a  resolution  prohibiting  the  appointment  of  com- 
mittees, and  providing  that  the  Convention  shall  sit  as  a  com- 
mittee of  the  whole  to  consider  all  questions  affecting  the 
Constitution. 

On  motion  of  Mr.  Perry  of  Fairfield,  the  resolution  was 
tabled. 

Convention  Resolution  Xo.  26.  Mr,  Bryant  of  East  Hart- 
ford introduced  a  resolution  providing  that  each  town  shall 
have  two  representatives,  and  a  Senate  consisting-  of  sixty 
members,  to  be  divided  into  districts  which  shall  be  so  formed 
that  the  population  of  each  shall  be  as  near  fifteen  thousand 
as  possible. 

On  motion  of  Mr.  Bryant  of  East  Hartford,  the  resolution 
was  tabled,  and  ordered  printed  in  the  Journal. 

The  resolution  was  as  follows: 
Resolved  by  this  Convention : 

That  the  propositions  appended  to  this  resolution  relating 
to  the  legislative  department  of  the  State  government  be 
printed  in  the  Journal  to  be  taken  up  whenever  that  subject 
is  brought  before  the  Convention  for  its  consideration. 

The  House  of  Representatives  shall  consist  of  electors  re- 
siding in  towns  from  which  they  are  elected.  Each  town 
now  in  existence,  or  which  shall  hereafter  be  incorporated, 
shall  be  entitled  to  two  representatives. 

The  Senate  of  this  State  shall  be  composed  of  electors  who 
shall  be  chosen  at  the  electors'  meetings  held  biennially  on 
the  Tuesday  after  the  first  Monday  in  Xovember,  and  who 
shall,  at  the  time  of  their  election,  reside  in  the  respective 
districts  in  which  they  are  elected. 


JOURNAL    OF    THE    COXSTITUTIOXAL    COXVEXTIOX.  dO 

The  General  Assembly  shall  divide  the  State  into  sixty 
senatorial  districts,  which  districts  shall  be  so  formed  that  the 
population  of  each  shall  be  as  near  fifteen  thousand  as  pos- 
sible under  the  limitations  of  this  section.  The  districts  shall 
always  be  composed  of  contiguous  territory,  and  no  town 
shall  be  divided  unless  for  the  purpose  of  forming  more  than 
one  district  wholly  within  such  town.  There  shall  be  one 
Senator  elected  in  each  district.  The  General  Assembly, 
which  convenes  next  after  the  completion  of  each  decennial 
census  of  the  United  States,  shall  redistrict  the  State  if  it 
shall  be  found  necessary  in  order  to  preserve  the  equality  of 
population  of  the  several  districts,  but  the  number  of  the 
districts  shall  not  be  altered. 

APPOINTMENT    OF    A    COMMITTEE. 

The  President  announced  the  appointment  of  the  follow- 
ing committee  on  Eeporting  and  Printing  the  proceedings 
of  the  Convention : 

Messrs.  Yance  of  Xew  Britain. 
Fyler  of  Torriugton. 
Merritt  of  Stamford. 
Milner  of  Plainfield. 
Holcomb  of  Southington. 

RULES     AND     ORDERS     OF     THE     CONSTITUTIONAL     CON- 
VENTION    OF     CONNECTICUT,     1902. 

1.  The  President  or  one  of  the  Vice-Presidents  shall  take 
the  chair  every  day  at  the  hour  to  which  the  Convention  shall 
have  adjourned,  and,  after  roll-call,  shall  immediately  call 
the  Convention  to  order,  and,  if  a  quorum  be  present,  pro- 
ceed to  business. 

2.  In  the  absence  of  a  quorum  the  Presiding  Officer  may 
adjourn  the  Convention  to  the  afternoon,  or  to  the  next  sitting 
day.  At  all  other  times  during  the  session  an  adjournment 
shall  be  pronounced  by  the  Presiding  Officer  on  motion,  no 


36  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

objection  being  made;  but  if  an  adjonrnment  be  objected  to 
the  question  shall  be  decided  by  the  Convention  without  de- 
bate. 

3.  The  Presiding  Officer  shall  preserve  decorum  and 
order,  and  shall  decide  questions  of  order  without  debate, 
subject  to  an  appeal  to  the  Convention.  He  shall  rise  to  put 
a  question,  but  may  state  it  sitting.  The  question  first  moved 
shall  be  first  put,  except  as  provided  in  Kule  14;  and  in  all 
cases  the  sense  of  the  Convention  shall  be  first  taken  upon  the 
largest  number  or  sum,  and  longest  time,  proposed  in  any 
question. 

4.  In  all  cases  when  a  vote  is  taken  without  a  division, 
the  Presiding  Officer  shall  determine  whether  it  is,  or  is 
not,  a  vote;  and  in  all  doubtful  cases  he  shall  ask,  "7s  it 
doubted f''  If  the  vote  be  doubted  it  shall  be  tried  again; 
but,  after  the  Presiding  Officer  has  declared  the  vote,  it  shall 
not  be  recalled,  unless  by  a  regular  motion  for  reconsideration 
made  by  a  member  in  the  vote  of  the  Convention. 

5.  If  the  Presiding  Officer  doubt  a  vote,  or  a  division 
be  called  by  a  member,  the  question  shall  be  again  put,  and 
those  voting  in  the  affirmative  shall  first  rise  from  their  seats. 
If  required  by  a  member,  those  of  a  contrary  mind  shall  rise 
and  be  counted.  The  President  shall  appoint  four  members 
as  tellers,  one  for  each  section,  to  count  those  voting. 

6.  The  yeas  and  nays  shall  be  taken  on  any  question  when 
called  for  by  one-sixth  of  the  members  present  and  voting.   , 

7.  In  all  cases  of  balloting,  and  upon  the  yeas  and  nays 
being  taken,  the  Presiding  Officer  may  vote;  in  other  cases 
he  shall  not  vote  unless  the  Convention  be  equally  divided, 
or  unless  his  vote,  if  given  to  the  minority,  will  make  the 
division  equal;  and  in  case  of  such  equal  division  the  ques- 
tion shall  be  lost. 

8.  AVhen  the  Convention  adjourns  the  members  shall 
keep  their  seats  until  the  Presiding  Officer,  if  he  please,  goes 
out;  then  the  members  may  follow. 


JOURNAL    OF    THE    CONSTITUTIOISTAL    CONVEIs'TION.  37 

9.  When  any  member  is  about  to  speak  in  debate,  or 
deliver  any  matter  to  the  Convention,  he  shall  rise  and  re- 
spectfully address  "  Mr.  President."  If  two  or  more  rise  at 
once,  the  Presiding  Officer  shall  name  the  member  who  is 
first  to  speak. 

10.  Any  member  who  has  spoken  once  or  oftener  upon 
any  question  shall  give  place  to  any  other  member  rising  to 
speak,  who  has  not  spoken  so  often  upon  that  question. 

11.  In  the  absence  of  the  regular  Presiding  Ofiicers  the 
Convention  shall,  without  debate,  from  day  to  day,  choose  a 
member  to  preside,  unless  the  President  shall  have  designated 
a  member  to  preside  for  the  day.  Whenever  the  President 
or  the  Vice-President  presiding  shall  desire  to  participate  in 
any  debate  or  vote,  he  may  designate  any  member  to  preside 
temporarily  over  the  Convention. 

12.  Ko  debate  shall  be  allowed  after  a  question  is  put 
and  remains  undecided. 

13.  When  a  motion  is  made  it  shall  be  stated  to  the  Con- 
vention by  the  Presiding  Ofiicer  before  any  debate  be  had 
thereon;  but  every  motion  shall  be  reduced  to  writing,  if  the 
Presiding  Ofiicer  so  direct,  or  any  member  request  it. 

14.  When  a  question  is  under  debate,  no  motion  shall  be 
received  except 

(1)  To  adjourn; 

(2)  To  lay  on  the  table; 

(3)  For  the  previous  question; 

(4)  For  the  order  of  the  day; 

(5)  To  postpone; 

(6)  To  close  the  debate  at  a  specified  time; 

(7)  To  commit; 

(8)  To  amend; 

which  several  motions  shall  have  precedence  in  the  order  in 
which  they  stand  arranged  in  this  rule. 

15.  When  a  motion  is  stated  by  the  Presiding  Officer, 
or  read  by  the  Clerk,  it  shall  be  in  possession  of  the  Con- 


38  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

vention,  but  may  be  withdrawn  at  any  time  before  decision  or 
amendment,  but  not  after  amendment,  unless  the  Convention 
give  leave. 

16.  All  committees  shall  be  appointed  by  the  President, 
unless  other^vise  specially  directed  by  the  Convention. 

17.  If  any  member,  in  speaking  or  otherwise,  transgress 
the  Enles  or  Orders  of  the  Convention,  the  Presiding  Officer 
shall,  or  any  member  may,  call  him  to  order,  and,  if  speaking, 
he  shall  sit  down,  unless  permitted  to  explain;  and  the  Pre- 
siding Officer  shall  then  decide  the  question  of  order;  but  the 
party  may  appeal  from  the  decision  of  the  Presiding  Officer 
to  the  Convention,  which  shall  decide  thereon  without  debate. 

18.  The  Clerk  shall  keep  a  Journal  of  the  Proceedings 
of  the  Convention,  in  which  shall  be  entered  all  the  votes 
that  shall  be  taken  in  the  Convention,  and  the  yeas  and  nays 
when  taken,  and  all  other  things  proper  to  be  entered  in  such 
a  Journal;  and  shall  cause  a  printed  copy  thereof  to  be  placed 
upon  the  desk  of  each  member  at  the  opening  of  the  next  fol- 
lowing session. 

19.  A  majority  of  the  Convention  shall  constitute  a  quo- 
rum, but  neither  the  whole  nor  any  part  of  a  proposed  con- 
stitution shall  be  adopted  except  by  the  affirmative  vote  of  a 
majority  of  all  the  delegates  elected  and  sworn. 

20.  jSTo  motion  to  reconsider  a  vote  shall  be  made  except 
on  the  day  of  the  vote,  or  the  next  session  day;  and  there 
shall  be  no  vote  of  reconsideration  on  either  of  the  following 
motions :  to  adjourn,  for  the  previous  question,  or  to  recon- 
sider, and  no  question  shall  be  twice  reconsidered. 

21.  ISTo  rule  shall  be  suspended  except  by  a  vote  of  at 
least  two-thirds  of  the  delegates  elected  and  sworn. 

22.  The  rules  of  parliamentary  practice  shall  govern  the 
Convention  in  all  cases  to  which  they  are  applicable,  and  in 
which  they  are  not  inconsistent  with  these  rules. 

On  motion  of  Mr.  Korthrop  of  Xewtown,  the  Convention, 
at  2.50  o'clock  P.  M.,  adjourned  to  meet  on  Wednesday  at 
11  o'clock  A.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  39 


Wednesday,  January  8,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  Charles  H. 
Smith  of  Plymouth. 

CONVENTION   RESOLUTIONS. 

Convention  Eesolution  ISTo.  26.  (See  Convention  Journal, 
January  7th.)  Mr.  Loomis  of  Glastonbury  introduced  an 
amendment  to  the  resolution  providing  for  one  representa- 
tive to  a  town  instead  of  two,  and  moved  that  the  amendment 
be  tabled  with  the  resolution. 

The  amendment  was  so  tabled. 

Convention  Resolution  iNo.  27.  Mr.  Perry  of  Fairfield 
introduced  a  resolution  providing  that  all  matters  relating  to 
the  composition  of  the  Senate  and  House  of  Representatives 
be  considered  in  committee  of  the  whole,  and  not  reported  to 
the  Convention  on  the  same  day  on  which  final  action  is  taken 
thereon  in  committee. 

The  resolution  was  discussed  by  Messrs.  Perry  of  Fair- 
field, Davenport  of  Bridgeport,  Yance  of  New  Britain,  and 
Brown  of  Norwich. 

The  resolution  was  passed. 

Convention  Resolution  No.  28.  Mr.  Perry  of  Fairfield 
introduced  a  resolution  providing  that  when  the  Convention 
adjourns  from  day  to  day  in  the  absence  of  a  contrary  direc- 
tion, it  be  until  half  past  ten  in  the  morning  of  the  next 
secular  day. 

Mr.  Milner  of  Plainfield  moved  to  amend  by  striking  out 
the  words  "  half  past  ten  "  and  inserting  in  lieu  thereof  the 
word  "  eleven." 

The  amendment  was  discussed  by  Mr.  Pelton  of  Clinton. 

The  amendment  prevailed. 


40  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION, 

The  resolution  was  then  passed  as  amended. 

Convention  Resolution  ISo.  29.  Mr.  Woodward  of  Nor- 
walk  introduced  a  resolution  directing  the  Clerk  to  prepare 
a  manual  containing  such  information  as  is  usually  con- 
tained in  legislative  manuals. 

The  resolution  was  passed. 

Convention  Resolution  No.  30.  Mr.  Perry  of  Fairfield 
introduced  a  resolution  providing  that  the  Clerk  cause  all 
resolutions  and  written  propositions  introduced  relating  to 
changes  in  that  part  of  the  Constitution  pertaining  to  the 
composition  of  the  Senate  and  House  of  Representatives  to 
be  printed  and  distributed  daily. 

The  resolution  was  passed. 

The  following  Convention  resolutions  were  introduced,  and 
referred  to  the  Convention  of  the  whole : 

Convention  Resolution  'No.  31.  Mr.  Clark  of  Haddam 
introduced  a  resolution  providing  that  every  town  shall  have 
two  representatives,  and  that  the  Senate  shall  consist  of 
seventy-two  members:  Fifteen  from  Hartford  County, 
twenty-one  from  ISTew  Haven  County,  nine  from  New  London 
County,  fourteen  from  Fairfield  County,  three  from  Wind- 
ham County,  five  from  Litchfield  County,  three  from  Middle- 
sex County,  and  two  from  Tolland  County. 

Convention  Resolution  No.  32.  Mr.  Osborn  of  New  Ha- 
ven introduced  a  resolution  providing  that  every  town  shall 
have  one  representative,  and  every  town  whose  population  is 
four  thousand  or  over  up  to  ten  thousand  shall  be  entitled  to 
two  representatives,  and  for  every  ten  thousand  population  in 
excess  of  ten  thousand,  every  town  shall  be  entitled  to  send 
one  additional  representative. 

Convention  Resolution  No.  33.  Mr.  Clark  of  Haddam  in- 
troduced a  resolution  providing  that  a  committee  of  ten  mem- 
bers of  the  Convention  be  appointed;  five  of  which  committee 
shall  be  republicans  and  five  democrats,  whose  names  shall 


JOURNAL    OF    THE    C0X3TITUTI0NAL    CONVENTION.  41 

• 

be  presented  by  a  county  caucus  from  each  county  to  divide 
each  county  up  into  Senatorial  Districts,  and  providing  fur- 
ther that  the  committee  shall  make  its  report  to  the  Secretary 
of  State  on  or  before  July  1,  1902. 

Convention  Eesolution  jSTo.  34.  Mr.  Sears  of  Canton  in- 
troduced a  resolution  providing  that  each  town  shall  have  one 
representative,  and  that  the  Senate  shall  be  composed  of  not 
less  than  sixty-one  nor  more  than  eighty-one  members. 

Convention  Resolution  No.  35.  Mr.  Hayes  of  Bethlehem 
introduced  a  resolution  providing  that  each  town  shall  send 
one  representative  to  the  General  Assembly,  and  providing 
for  the  apportionment  of  the  State  into  Senatorial  Districts 
of  not  less  than  eight  thousand  nor  more  than  twelve  thou- 
sand inhabitants. 

Convention  Eesolution  Xo,  36.  Mr.  Fisk  of  Branford  in- 
troduced a  resolution  providing  for  the  submission  to  the 
people  of  two  systems  of  representation,  one  in  which  repre- 
sentation in  the  House  of  Representatives  is  based  on  town- 
ships and  in  the  Senate  on  districts,  and  the  other  in  which 
members  of  both  houses  shall  be  elected  from  districts  estab- 
lished on  the  basis  of  population. 

Convention  Resolution  No.  37.  Mr.  "Warner  of  Salisbury 
introduced  a  resolution  "  that  we  are  in  favor  of  equal  repre- 
sentation from  each  town  in  the  House  of  Representatives." 

The  following  resolutions  were   introduced   and   tabled: 

Convention  Resolution  No.  39.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  for  the  appointment 
and  removal  of  j-udges  of  the  Supreme  and  Superior  Courts, 
that  they  shall  hold  office  for  twelve  years,  and  that  no  judge 
or  justice  of  the  peace  shall  be  capable  of  holding  office  after 
ari'iving  at  the  age  of  seventy-five  years. 

Convention  Resolution  No.  40.  Mr.  Merritt  of  Stamford 
introduced  a  resolution  amending  Section  3  of  Article  5,  so 
that  judges  of  the  Supreme  and  Superior  Courts  shall  hold 
office  during  good  behavior,  and  fixing  the  age  limit  at 
seventy-five  years. 


42  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

• 

Convention  Resolution  Iso.  41.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  extending  the  jurisdiction  of  the 
Sui^reme  Court  to  errors  of  both  law  and  fact. 

Mr.  Perry  of  Fairfield  raised  the  point  of  order  that  the 
resolution  could  not  be  received  in  accordance  with  a  previous 
resolution  passed  by  the  Convention. 

The  President  ruled  that  the  point  of  order  was  not  well 
taken,  and  upon  an  appeal  to  the  Convention  his  decision  was 
sustained. 

Convention  Resolution  No.  42.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  the  General  As- 
sembly of  1923  shall  pass  an  act  providing  for  the  calling  of  a 
Constitutional  Convention. 

Convention  Resolution  No.  43.  Mr.  Stevens  of  East  Ha- 
ven introduced  a  resolution  that  the  following  rules  be  added 
and  known  as  Rules  22  and  23,  and  that  Rule  now  numbered 
22  be  known  as  Rule  24. 

The  following  are  the  proposed  Rules : 

Rule  22.  No  person  other  than  members,  officers,  report- 
ers, and  employees  of  this  Convention,  unless  on  invitation  of 
the  President,  or  by  a  vote  of  the  Convention,  shall  be  ad- 
mitted on  the  floor.  All  permits  granted  by  the  President 
may  be  revoked  by  him  at  pleasure,  or  upon  order  of  the 
Convention. 

Rule  23.  While  a  member  is  speaking,  no  member  shall 
entertain  any  private  discourse,  or  pass  between  him  and  the 
chair,  and  no  member  shall  speak  or  leave  his  place  while  the 
presiding  officer  is  putting  a  question  or  a  count  is  being 
iiad. 

On  motion  of  Mr.  Perry  of  Fairfield  the  resolution  was  re- 
ferred to  the  committee  on  Rules  and  Orders. 

Mr.  Hall  of  Willington  moved  that  the  resolution,  Conven- 
tion Resolution  Number  3,  appointing  George  E.  Hinman  of 
Windham  Assistant  Clerk  of  the  Convention,  and  the  ac- 
companying amendment  appointing  James  M.  Sullivan  to  the 
same  position  be  taken  from  the  table. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  4S 

The  motion  prevailed. 

Mr.  Hall  of  Willington  moved  that  the  Convention  pro- 
ceed to  vote  for  Assistant  Clerk  by  ballot.  * 

The  motion  prevailed. 

On  motion  of  Mr.  AYoodward  of  j^orwalk  the  resolution, 
Convention  Eesolution  IN^umber  3,  appointing  George  E.  Hin- 
man  Assistant  Clerk,  and  the  accompanying  amendment  be 
tabled  temporarily  to  allow  the  committee  on  Reporting  and 
Printing  to  make  a  report. 

The  motion  prevailed. 

REPORT   OP   A    COMMITTEE. 

Convention  Resolution  iSTo.  38.  The  report  of  the  com- 
mittee on  Reporting  and  Printing,  on  a  resolution  employing 
an  oiEcial  stenogi'apher,  recommending  the  passage  of  the 
resolution,  was  received,  and  explained  by  Mr.  Vance  of  ISTew 
Britain,  chairman  of  the  committee  on  the  part  of  the  Con- 
vention. 

The  resolution  was  discussed  by  Messrs.  Warner  of  Salis- 
bury, Bro^vn  of  Norwich,  Webb  of  Hamden,  Milner  of  Plain- 
field,  Davenport  of  Bridgeport,  and  Bugbee  of  Putnam. 

The  resolution  was  then  passed,  and  the  report  of  the  com- 
mittee accepted. 

Mr.  Woodward  of  l!^orwalk  moved  that  Convention  Reso- 
lution jSTo.  3,  resolution  aj)pointing  George  E.  Hinman  Assist- 
ant Clerk,  and  an  accompanying  amendment  appointing 
James  M.  Sullivan  to  the  same  position,  be  taken  from  the 
table. 

Mr.  Osborn  of  Xew  Haven  asked  and  obtained  the  unani- 
mous consent  of  the  Convention  to  strike  out  of  the  motion 
previously  passed  by  the  Convention  the  words  "  by  ballot." 

The  amendment  was  then  discussed  by  Messrs.  Warner  of 
Salisbury,  Webb  of  Hamden,  Osborn  of  Xew  Haven,  Guil- 
foile  of  Waterbury,  Loomis  of  Glastonbury,  Waller  of  ISTew 
London,  IN'orthrop  of  Middletown,  Brown  of  ISTorwich,  Daven- 


44  JOURNAL    OF    THE    CONSTITUTIO?rAL    CONVENTION. 

port  of  Bridgeport,  Tyler  of  Torrington,  Clark  of  Hartford, 
Chandler  of  Thompson,  Clark  of  Haddam,  Milner  of  Plain- 
field,  and  Hall  of  Willington. 

On  motion  of  Mr,  Merritt  of  Stamford,  the  previous  ques- 
tion was  ordered. 

The  motion  to  amend  did  not  prevail. 

The  resolution  was  then  passed. 

Following  is  the  resolution : 
Eesolved  by  this  Convention  : 

That  George  E.  Hinman  of  Windham  be  and  hereby  is 
elected  Assistant  Clerk  of  this  Convention. 

OATH    OF    OFFICE. 

The  Clerk  then  administered  to  George  E.  Hinman  the 
oath  of  office. 

On  motion  of  Mr.  Merritt  of  Stamford,  the  Convention,  at 
1.08  o'clock  P.  M.,  took  a  recess  until  2  o'clock  P.  M. 


Wednesday  afternoon,  January  8,  1902. 
The  Convention  was  called  to  order  at  2  o'clock  P.  M.,  the 
President  in  the  Chair. 

Convention  Resolution  jSTo.  38.  The  report  of  the  com- 
mittee on  Reporting  and  Printing,  on  a  resolution  appointing 
an  official  stenographer,  was  taken  from  the  table,  on  motion 
of  Mr.  Smith  of  Plymouth. 

Mr.  Smith  of  Plj-mouth  moved  that  the  Convention  recon- 
sider its  former  action,  in  j)assing  the  resolution,  and  accej)t- 
ing  the  report  of  the  committee. 

The  motion  was  discussed  by  Messrs.  Milner  of  Plainfield. 
Waller  of  'New  London,  Warner  of  Salisbury,  and  Clark  of 
Haddam. 

Mr.  Milner  of  Plainfield  moved  that  the  motion  to  recon- 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


45 


sider  be  tabled,  but,  by  consent  of  the  Convention,  withdrew 
the  motion. 

The  motion  to  reconsider  then  prevailed. 

Mr,  Waller  of  New  London  moved  to  amend  by  Schedule 
"  A." 

The  motion  was  discussed  by  Messrs.  Waller  of  New^  Lon- 
don, Davenport  of  Bridgeport,  Yance  of  ISTew  Britain,  Warner 
of  Salisbury,  and  Merritt  of  Stamford. 

The  motion  to  amend  did  not  prevail. 

Mr.  Milner  of  Plainfield  moved  that  the  resolution  be 
tabled. 

The  motion  did  not  prevail. 

The  resolution  was  then  discussed  by  Messrs.  Hall  of  Wil- 
lington,  Vance  of  ISTew  Britain,  Davenport  of  Bridgeport, 
Perry  of  Lairfield,  Brown  of  Xorwich,  Clark  of  Haddam,  and 
Loomis.  of  Glastonbury. 

The  resolution  was  then  rejected,  and  the  report  of  the 
committee  rejected. 

Convention  Resolution  ISTo.  4-i.  Mr.  Waller  of  New  Lon- 
don introduced  a  resolution  providing  that  a  committee  be  ap- 
pointed to  report  a  section  or  article  prohibiting  the  General 
Assembly  from  enacting  special  legislation  creating  corpora- 
tions or  amending,  renewing,  or  extending  the  charters 
thereof. 

Mr.  Waller  of  New  London  moved  that  the  resolution  be 
referred  to  the  committee  of  the  whole. 

Mr.  Perry  of  Fairfield  raised  the  point  of  order  that  the 
motion  was  not  in  order  under  Convention  Kesolution  No.  24 
(See  Convention  JournaJ,  January  7th),  providing  that  amend- 
ments concerning  the  composition  of  the  Senate  and  House  of 
Kepresentatives  be  first  considered. 

The  President  ruled  that  the  point  of  order  was  well  taken, 
and  that  the  motion  to  refer  was  not  in  order. 

On  motion  of  Mr.  Waller  of  New  London,  the  resolution 
was  tabled. 


46  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

]\Ir.  Loomis  of  Glastonbury  moved  that  the  Convention  go 
into  committee  of  the  Avhole  at  11.15  o'clock  A.  M.  of  the 
next  session  clay. 

Mr.  Merritt  of  Stamford  moved  an  amendment,  that  the 
Convention  immediately  go  into  committee  of  the  whole. 

The  amendment  prevailed. 

The  motion  as  amended  was  then  passed. 

The  President  appointed  Mr.  Perry  of  Fairfield  as  chairman 
of  the  committee  of  the  whole. 

The  Convention,  at  3.40  o'clock  P.  M.,  went  into  a  com- 
mittee of  the  whole. 

COMMITTEE    OF    THE    WHOLE. 

The  committee  was  called  to  order  at  3.40  o'clock  P.  M., 
Chairman  Perry  in  the  Chair. 

Mr.  Waller  of  I^few  London  moved  that  the  Clerks  of  the 
Convention  act  as  Clerks  of  the  committee  of  the  whole. 

The  motion  prevailed. 

Mr.  Vance  of  K'ew  Britain,  at  3.42  P.  M.,  moved  that  the 
committee  of  the  whole  rise. 

The  motion  prevailed. 


Wednesday  afternoon,  January  8,  1902. 
The  Convention  was  called  to  order  at  3.42  o'clock  P.  M., 
the  President  in  the  Chair. 

Mr.  Perry  of  Fairfield  reported  in  behalf  of  the  committee 
of  the  whole  that  the  committee  had  met,  organized,  and  risen, 
and  ask  leave  to  meet  again. 

The  report  was  accepted,  and  the  request  granted. 

On  motion  of  Mr.  Loomis  of  Glastonbury,  the  Convention, 
at  3.43  o'clock  P.  ]\r.,  adjourned  to  meet  on  Thursday,  Jan- 
uary 9th,  at  11  o'clock  A.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  47 


Thursday,   January   9,   1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  William  Martin 
Brown  of  Bloomfield. 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  iSTo.  45.  Mr.  IsTorthrop  of  Middle- 
town  introduced  a  resolution  raising  a  committee  of  five  on 
Contingent  Expenses. 

The  resolution  was  passed. 

Convention  Resolution  jSTo.  46.  Mr.  Merritt  of  Stamford 
introduced  a  resolution  providing  that  the  privileges  of  the 
floor  be  extended  to  the  executive  officers  of  the  State,  and  to 
ex-executive  officers  and  to  the  judges  of  the  State. 

The  resolution  was  passed. 

Convention  Resolution  JSTo.  47.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  women  be  admitted 
as  electors  in  this  State. 

The  resolution  was  tabled. 

Convention  Resolution  Xo.  48.  Mr.  Yance  of  Xew  Britain 
introduced  a  resolution  providing  for  a  Senate  of  thirty  mem- 
bers, and  a  House  of  Representatives  based  on  one  representa- 
tive for  every  five  thousand  of  population,  and  where  towns 
have  less  than  five  thousand,  they  shall  be  divided  into  dis- 
tricts, and  send  a  representative  for  each  district. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  Xo.  49.  Mr.  Waller  of  :N"ew 
London  introduced  a  resolution  providing  for  the  appoint- 
ment of  a  committee  to  formulate  a  resolution,  providing  that 
no  member  of  the  legislature  shall  receive  a  civil  appointment 


48 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


from  the  Governor  or  from  the  legislature  during  the  time 
for  which  they  are  elected. 

The  resolution  was  tabled. 

Convention  Resolution  'No.  50.  Mr.  Osborn  of  New  Ha- 
ven introduced  a  resolution  passed  by  the  ISTew  Haven  Civil 
Service  Reform  Association,  calling  the  attention  of  the  Con- 
vention to  the  following  provision  in  the  Constitution  of  the 
State  of  New  York :  "Appointments  and  promotions  in  the 
civil  service  of  the  State,  and  of  all  the  civil  divisions  thereof, 
including  cities  and  villages,  shall  be  made  according  to  merit 
and  fitness,  to  be  ascertained  so  far  as  practicable  by  examina- 
tion, which,  so  far  as  practicable,  shall  be  competitive,"  and  re- 
questing the  passage  of  the  resolution. 

The  resolution  was  tabled. 

Convention  Resolution  No.  51.  Mr.  Hubbard  of  Durham 
introduced  a  resolution  providing  for  a  House  of  Representa- 
tives of  192  members,  one  representative  from  each  town,  and 
three  representatives  from  each  county,  and  for  an  increase 
of  the  Senate  from  forty-eight  to  sixty. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  ISTo.  52.  Mr.  Clark  of  Hartford 
introduced  a  resolution  providing  that  every  town  of  less  than 
five  thousand  population  shall  have  one  representative,  and 
towns  from  five  to  fifteen  thousand  two  representatives,  and 
from  fifteen  to  twenty-five  thousand  three  representatives, 
and  from  twenty-five  to  fifty  thousand  four  representatives, 
and  from  fifty  to  one  hundred  thousand  five  representatives, 
and  more  than  one  hundred  thousand  six  representatives. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

BUSINESS  ON  THE  CALENDAR. 
Convention  Resolution  Xo.  25.  Resolution  declaring  that 
no  committee  shall  be  appointed,  but  that  all  questions  affect- 
ing the  Constitution  shall  be  heard  by  the  committee  of  the 
whole,  was  taken  from  the  table  on  motion  of  Mr.  Perry  of 
Fairfield. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  49 

Mr.  Perry  of  Fairfield  moved  that  the  resolution  be  re- 
jected. 

The  motion  was  discussed  by  Messrs.  Perry  of  Fairfield  and 
Clark  of  Haddam. 

The  resolution  was  then  rejected. 

MISCELLANEOUS. 

Mr.  Davenport  of  Bridgeport  rose  to  a  question  of  persona] 
privilege.  He  said  that  it  had  been  reported  in  the  press, 
that  he  had,  on  the  floor  of  the  Convention,  accused  the  dele- 
gate from  Fairfield  of  an  attempt  to  apply  the  gag  rule.  He 
stated  that  he  regretted  that  he  had,  in  the  heat  of  debate 
and  enthusiasm  for  his  subject,  used  language  which  was 
impolite  and  inconsistent  with  his  position  as  a  delegate. 

Mr.  Perry  of  Faii"field  replied  that  he  had  not  happened 
to  hear  anything  said  by  the  delegate  from  Bridgeport  to 
which  he  had  taken  objection. 

Mr.  N^orthrop  of  Middletown  moved  that  when  the  Con- 
vention adjourn  it  be  to  meet  on  Tuesday,  January  14th,  at 
12.30  o'clock  P.  M. 

The  motion  was  discussed  by  Mr.  Clark  of  Haddam. 

Mr.  Perry  of  Fairfield  moved  to  amend  by  changing  the 
hour  of  meeting  to  11  o'clock  A.  M. 

The  amendment  was  discussed  by  Messrs.  Milner  of  Plain- 
field  and  O'Connor  of  jSTorfolk. 

By  unanimous  consent  Mr.  Perry  of  Fairfield  withdrew 
his  amendment. 

The  motion  was  then  passed. 

On  motion  of  Mr,  Loomis  of  Glastonbury,  the  Convention, 
at  11.30  o'clock  A.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE   WHOLE. 

The  committee  was  called  to  order  at  11.32  o'clock  A.  M., 
Chairman  Perry  in  the  Chair. 
c.  c— 4 


50  JOUKNAL    OF    THE    COXSTITUTIOIS'AL    CONVENTION. 

Mr.  Loomis  of  Glastonbury  moved  that  the  Clerk  read  all 
of  the  resolutions  pertaining  to  changes  in  the  Constitution. 

The  motion  prevailed. 

Mr.  Bugbee  of  Putnam  moved  that  the  committee  first  con- 
sider Convention  Kesolution  Number  37  (see  Convention 
Journal,  January  8th). 

Mr.  Bryant  of  Orange  moved  to  amend  by  substituting 
Convention  Resolution  No.  32  (see  Convention  Journal,  Janu- 
ary 8th),  for  No.  37. 

The  amendment  was  discussed  by  Messrs.  Bryant  of 
Orange,  Brown  of  Norwich,  Osborn  of  New  Haven,  Loomis 
of  Glastonbury,  Davenport  of  Bridgeport,  and  AYAller  of 
New  London. 

Mr.  Waller  of  New  London  moved  an  amendment  that  no 
amendment  to  the  Constitution  before  the  committee  of  the 
whole  be  considered  until  every  delegate  who  so  desired  had 
discussed  the  general  subject  of  representation. 

The  amendment  prevailed. 

The  motion  as  amended  was  then  passed. 

Mr.  Milner  of  Plainfield  moved  that  no  vote  be  taken  by  the 
committee  on  any  resolution  at  the  present  day's  session. 

Mr.  Loomis  of  Glastonbury  moved  that  the  motion  be 
tabled. 

The  Chairman  ruled  that  the  motion  to  table  was  not  in 
order  in  the  committee  of  the  whole. 

The  motion  of  Mr.  Milner  of  Plainfield  was  discussed  by 
Messrs.  Loomis  of  Glastonbury  and  Pierce  of  Bristol. 

The  motion  was  lost. 

The  general  question  of  representation  was  then  discussed 
by  Messrs.  Clark  of  Haddam,  Pierce  of  Bristol,  and  Daven- 
port of  Bridgeport. 

On  motion  of  Mr.  Osborn  of  New  Haven,  the  committee, 
at  1  o'clock  P.  M.,  took  a  recess  until  1.45  o'clock  P.  M. 


JOURNAL    OF    THE    CONSTITUTIOXAL    COXVENTIOX.  51 


Tliiirsday  afternoon,  Jannarv  9,  l'J02. 

CO:SIMITTEE    OF    THE    WHOLE. 

The  committee  was  called  to  order  at  1.45  o'clock  P.  M., 
the  Chairman  in  the  Chair. 

Mr.  Davenport  of  Bridgeport  resumed  his  discussion  on 
the  question  of  representation. 

Mr.  Smith  of  Plymouth,  at  3.25  P.  M.,  moved  that  the 
committee  of  the  whole  rise. 

The  motion  prevailed. 


Thursday  afternoon,  January  9,   1902. 

The  Convention  was  called  to  order  at  3.25  o'clock  P.  M., 
the  President  in  the  Chair, 

Mr.  Perry,  as  chairman  of  the  committee  of  the  whole, 
reported  that  the  committee  had  met,  considered  the  Con- 
stitution, reported  progress,  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  accepted,  and  the  request 
granted. 

On  motion  of  Mr.  Clark  of  Haddam,  the  Convention,  at 
3.29  o'clock  P.  M.,  adjourned  to  meet  on  Tuesday,  January 
14th,  at  12.30  o'clock  P.  M. 


52  JOURNAL    OF    THE    CONSTITUTIOXAL    CONVENTIOX. 


Tuesday,   January   14,   1902. 

Tlie  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  'Rev.  Charles  H. 
Smith  of  Plymouth. 

CONVENTION   RESOLUTIONS. 

Convention  Resolution  'No.  53.  Mr.  Hubbard  of  Dur- 
ham introduced  a  resolution  instructing  the  Clerk  to  have 
printed  for  the  files  the  Bulkeley-Sperry  compilation  of  the 
Constitution. 

The  resolution  was  discussed  by  Mr.  Hubbard  of  Dur- 
ham. 

The  resolution  was  passed. 

Convention  Resolution  ISTo.  54.  Mr.  Stevens  of  East 
Haven  introduced  a  resolution  providing  that  the  House  of 
Representatives  shall  consist  of  one  hundred  and  seventy-nine 
members,  JSTew  Britain,  Norwich,  Meriden,  and  Waterbury 
to  be  entitled  to  two  representatives  each,  Bridgeport  and 
Hartford  three,  New  Haven  four,  and  the  remaining  towns 
one  each,  and  no  new  town  shall  be  entitled  to  a  representa- 
tive unless  it  has  at  least  three  thousand  inhabitants. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  No.  55.  Mr.  Wanzer  of  ISTew  Fair- 
field introduced  a  resolution  providing  that  each  town  shall 
have  one  representative,  and  the  Senate  shall  consist  of  forty- 
eight  members. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  jSTo.  56.  Mr.  Xortlir5^3  of  New 
town  introduced  a  resolution  providing  that  each  town  having 
a  population  of  five  thousand  or  less  shall  be  entitled  to  the 
representation  to  which  it  is  at  present  entitled;  each  town 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  63 

having  a  population  in  excess  of  five  thousand,  two  repre- 
sentatives for  the  first  five  thousand,  and  one  additional  for 
each  ten  thousand  in  excess  of  five  thousand. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Kesolution  ISTo.  57.  Mr.  ISTorthrop  of  New- 
town introduced  a  resolution  providing  for  assessment  by  a 
jury  of  damages  after  default  suffered  or  demurrer  oveiTuled, 
if  the  plaintiff  so  elects. 

The  resolution  was  tabled. 

Convention  Eesolution  No.  58.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  the  right  of  trial 
by  jury  shall  remain  inviolate,  without  distinction  between 
plaintiff  and  defendant. 

The  resolution  was  tabled. 

Convention  Kesolution  No.  59.  Mr.  Walsh  of  Ansonia 
introduced  a  resolution  providing  that  all  judges  of  city, 
municipal,  and  town  courts  shall  be  elected  by  plurality  vote 
of  the  electors  of  the  city,  town,  or  municipality  upon  nomina- 
tion of  the  governor. 

The  resolution  was  tabled. 

Convention  Resolution  No.  60.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  judges  of  civil 
courts  of  common  pleas  and  district  courts  shall  be  appointed 
by  the  General  Assembly  for  terms  of  eight  years. 

The  resolution  w^as  tabled. 

Convention  Eesolution  No.  61.  Mr.  Walsh  of  Ansonia 
introduced  a  resolution  providing  that  in  all  proceedings  to 
recover  damages,  or  for  a  permanent  injunction  sought  on  ac- 
count of  persons  abstaining  from  labor  for  another,  or  in 
which  persons  are  alleged  to  have  incited,  influenced,  or  solici- 
ted others  to  so  abstain,  the  defendants  or  respondents  shall  be 
entitled  to  a  trial  by  jury,  and  any  judge  who  shall  have  issued 
a  temporary  injunction  in  such  case  shall  be  disqualified  to 
preside  at  such  jury  trial. 

The  resolution  was  tabled. 


54 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Convention  Resolution  Xo.  62.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  in  case  of  a  disa- 
greement of  the  jury  the  court  may,  under  certain  conditions, 
accept  a  verdict  agreed  to  by  nine  of  the  jurors. 

The  resolution  was  tabled. 

Convention  Resolution  No.  63.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  the  Legislature 
shall  fix  the  salaries  of  the  judges  of  the  Supreme  and  Supe- 
rior Courts. 

The  resolution  was  tabled. 

Convention  Resolution  l\o.  64.  Mr.  Maltbie  of  Granby 
introduced  a  resolution  providing  that  where  a  defendant 
"suffers  a  default  it  shall  be  a  conclusive  admission  of  legal  lia- 
bility and  of  every  material  fact  alleged  by  the  opposing 
party,  except  the  extent  of  his  actual  loss  or  damage. 

The  resolution  was  tabled. 

Convention  Resolution  ]^o.  65.  Mr.  Maltbie  of  Granby 
introduced  a  resolution  prohibiting  the  granting  of  special 
charters  by  the  General  Assembly. 

The  resolution  was  tabled. 

Convention  Resolution  ISTo.  66.  Mr.  Hayes  of  Bethlehem 
introduced  a  resolution  providing  that  no  person  shall  be  im- 
prisoned for  debt  unless  upon  refusal  to  deliver  up  his  estate 
for  his  creditors,  in  such  manner  as  shall  be  prescribed  by  law, 
or  in  cases  where  there  is  strong  presumption  of  fraud. 

The  resolution  was  tabled. 

Convention  Resolution  ISTo.  67.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  no  municipality 
shall  by  authority  of  the  Legislature  issue  new  bonds,  except 
to  take  up  an  outstanding  issue  of  bonds,  until  a  majority  of 
the  qualified  electors  of  such  municipality  shall  vote  in  favor 
of  such  bond  issue. 

The  resolution  was  tabled. 

Convention  Resolution  No.  68.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  no  ex  post  facto 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  55 

law  and  no  retrospective  act  impairing  vested  rights  shall  ever 
be  passed,  nor  shall  the  Legislature  grant  any  petition  for 
divorce. 

The  resolution  was  tabled. 

Convention  Resolution  Ko.  69.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  the  Legislature 
of  1903  shall  proceed  to  classify  the  cities  of  the  State,  and 
shall  enact  a  charter  applicable  to  each  class  of  cities,  and 
thereafter  no  law  shall  be  passed  changing  the  charter  of  any 
city  unless  it  be  made  applicable  to  all  the  cities  of  the  class. 

The  resolution  was  tabled. 

Convention  Resolution  No.  70.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  no  citizen  of  the 
State  will  be  compelled  to  support  any  congregation,  church, 
or  religious  association,  and  defining  the  powers  of  such  re- 
ligious bodies. 

The  resolution  was  tabled. 

Convention  Resolution  JSTo.  71.  Mr.  Walsh  of  Ansonia 
introduced  a  resolution  providing  that  all  coroners  be  elected 
by  the  electors  of  the  various  counties.  ' 

The  resolution  was  tabled. 

Convention  Resolution  Xo.  72.  Mr.  Stevens  of  East  Ha- 
ven introduced  a  resolution  providing  that  all  county  officers, 
except  judges  of  the  Court  of  Common  Pleas,  shall  be  elected 
by  the  electors  of  the  county. 

The  resolution  was  tabled. 

Convention  Resolution  Xo.  73.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  when  a  bill  or 
resolution  is  vetoed  by  the  Governor  it  shall  require  a  tw^o- 
thirds  vote  of  both  branches  of  the  General  Assembly  to  pass 
the  measure  over  the  veto,  and  providing  further  that  every 
order,  resolution,  or  vote  to  which  the  concurrence  of  both 
Houses  may  be  necessary,  except  in  a  question  of  adjourn- 
ment, or  on  matters  of  parliamentary  proceedings,  or  an  ad- 


56  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

dress  for  removal  from  office,  shall  be  presented  to  the  Gov- 
ernor before  it  becomes  a  law. 

The  resolntion  was  tabled. 

Convention  Resolution  No.  74.  Mr.  Stevens  of  East  Ha- 
ven introduced  a  resolution  providing  that  at  the  general  elec- 
tion of  1902,  and  every  twenty  years  thereafter,  the  electors 
of  the  State  shall  decide  on  the  calling  of  a  Constitutional 
Convention. 

The  resolution  was  tabled. 

REPORT   OF   A    COMMITTEE. 

Convention  Resolution  jSTo.  18.  The  report  of  the  commit- 
tee on  Reporting  and  Printing,  on  a  resolution  concerning  the 
appointment  by  the  Comptroller  of  a  stenographer  as  assist- 
ant clerk,  recommending  the  rejection  of  the  resolution,  was 
received,  and  explained  by  Mr.  Vance  of  'New  Britain,  chair- 
man of  the  committee  on  the  part  of  the  Convention. 

The  resolution  was  rejected,  and  the  report  of  the  com- 
mittee accepted. 

APPOINTMENT   OF   A   COMMITTEE. 

The  President  announced  the  appointment  of  the  following 
delegates  as  the  committee  on  Contingent  Expenses : 

Messrs.  Hall  of  Willington. 
Bailey  of  Groton. 
Bryant  of  East  Hartford. 
Coe  of  Cromwell. 
Barnes  of  Sherman. 

Mr.  Stevens  of  East  Haven  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  12.55  P.  M., 
went  into  committee  of  the  whole. 

COMMITTEE    OF    THE   WHOLE. 

The  committee  was  called  to  order  at  13.57  P.  M.,  Chair- 
man Perry  in  the  Chair. 


JOURNAL    OF    THE    CONSTITUTIOXAL    CONVENTION,  57 

The  general  question  of  representation  was  discussed  by 
Messrs.  Holcomb  of  Soutliington,  Dempsey  of  Danbury, 
Brinsmade  of  Washington,  Vance  of  l^ew  Britain,  Bowen  of 
Woodstock,  and  Davenport  of  Bridgeport. 

Mr.  Kendrick  of  Wallingford,  at  2.25  P.  M.,  moved  that 
the  committee  of  the  whole  rise,  report  progress,  and  ask  leave 
to  sit  again. 

The  motion  prevailed. 


Tuesday  afternoon,  January  14,  1902. 
The  Convention  was  called  to  order  at  2.26  o'clock  P.  M., 
the  President  in  the  Chair. 

The  Chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen  after  instructing  him  to  report  progress  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

Mr.  Perry  of  Fairfield  moved  that  the  Convention  take  a 
recess  until  3  o'clock  P.  M. 

Mr,  Milner  of  Plainfield  moved  as  an  amendment  that  the 
Convention  adjourn  to  Wednesday,  January  15th,  at  11 
o'clock  A.  M. 

The  amendment  did  not  prevail. 

The  motion  to  take  a  recess  until  3  o'clock  P.  M.  pre- 
vailed, and  the  Convention,  at  2.28  o'clock,  took  a  recess. 


Tuesday  afternoon,  January  1-1,  1902. 
The  Convention  was  called  to  order  at  3  o'clock  P.  M., 
the  President  in  the  Chair. 


58 


JOURNAL    OF    TH]']    CONSTITUTIONAL    CONVENTION. 


Convention  Ecsohition  iSTo.  15,  A  resolution  concerning 
the  final  day  for  the  admission  of  any  resolution  affecting  the 
Constitution,  and  fixing  the  date  as  February  16th,  and  an 
accompanying  amendment  changing  the  date  to  February  1st, 
was  taken  from  the  table  on  motion  of  Mr.  Merritt  of  Stam- 
ford. 

The  motion  to  amend  the  resolution  was  discussed  by 
Messrs.  Davenport  of  Bridgeport,  Perry  of  Fairfield,  Guil- 
foile  of  Waterbury,  Clark  of  Haddam,  Pierce  of  Bristol,  and 
Etheridge  of  Thomaston. 

The  motion  to  amend  did  not  prevail. 

On  motion  of  Mr.  Clark  of  Haddam,  the  resolution  was 
tabled. 

Mr.  Osborn  of  ISTew  Haven  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  3,18  o'clock 
P.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE   WHOLE. 

The  committee  was  called  to  order  at  3.19  P.  M.,  Chairman 
Perry  in  the  Chair. 

Mr.  Warner  of  Salisbury  moved  that  no  vote  be  taken  on 
the  question  of  representation  until  Friday,  January  17th. 

Mr.  Milner  of  Plainfield  moved  as  an  amendment  that  a 
vote  be  taken  on  Tuesday,  January  21st,  at  2  o'clock  P.  M. 

Mr.  Warner  of  Salisbury  accepted  the  amendment. 

The  motion  w^as  discussed  by  Messrs.  Northrop  of  Middle- 
town  and  Clark  of  Haddam. 

Mr.  Clark  of  Haddam  moved  that  the  motion  be  tabled. 

The  Chairman  ruled  that  a  motion  to  table  was  not  in  order 
in  committee  of  the  whole. 

The  motion  was  further  discussed  by  Messrs.  Chandler  of 
Thompson,  AVarner  of  Salisbury,  and  Brown  of  Xorwich. 

Mr.  Hall  of  Willington  raised  the  point  of  order  that  the 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  69 

motion  "svas  not  in  order  because  the  committee  cannot  by  such 
a  vote  bind  the  Convention. 

The  Chairman  ruled  that  the  point  of  order  was  not  well 
taken,  as  the  motion  applies  only  to  the  committee  of  the 
whole,  and  the  vote  of  the  committee  produces  merely  a  report 
to  the  Convention. 

Mr.  Waldo  of  Scotland  moved  as  an  amendment  that  a 
vote  on  the  question  of  representation  be  not  taken  before 
Tuesday,  January  21st,  at  2  o'clock  P.  M. 

Mr.  Warner  of  Salisbury  accepted  the  amendment. 

The  motion,  as  amended,  prevailed. 

Mr.  Xorthrop  of  Newtown,  at  3.35  o'clock  P.  M.,  moved 
that  the  committee  of  the  whole  rise,  report  progress,  and  ask 
leave  to  sit  again. 

The    motion   prevailed. 


Tuesday  afternoon,  January  l-t,  1902. 
The  Convention  was  called  to  order  at  3.36  o'clock  P.  M., 
the  President  in  the  Chair. 

The  Chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

On  motion  of  Mr.  Wakeman  of  Westport,  the  Convention, 
at  3.38  o'clock  P.  M.,  adjourned,  to  meet  on  Wednesday,  at 
11  o'clock  A.  M. 


60  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Wednesday,  January  15,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
tlie  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  "William  Martin 
Brown  of  Bloomfield. 

CONVENTION    RESOLUTIONS. 

The  following  resolutions  were  introduced,  and  referred 
to  the  committee  of  the  whole : 

Convention  Pesolution  Xo.  75.  Mr.  Chipmau  of  East 
Lyme  introduced  a  resolution  providing  that  every  town 
shall  have  one  representative,  and  every  town  over  ten  thou- 
sand population  shall  have  two  representatives,  and  one  ad- 
ditional representative  for  every  fifteen  thousand  in  excess  of 
said  ten  thousand  population. 

Convention  Resolution  jSTo.  76.  Mr,  Chipman  of  East 
Lyme  introduced  a  resolution  revising  article  third,  provid- 
ing for  a  legislature  consisting  of  two  distinct  branches,  the 
Senate  and  the  House  of  Representatives.  All  laws  shall 
originate  and  be  first  passed  by  an  affirmative  majority  vote  in 
one  of  the  independent  branches,  and  then  be  finally  passed 
by  a  majority  vote  of  the  Senators  and  Representatives  by  yeas 
and  nays  in  a  joint  session  sitting  as  one  body,  to  be  called  the 
General  Assembly. 

Convention  Resolution  'No.  77.  Mr.  Clark  of  Haddara  in- 
troduced a  resolution  providing  that  each  town  shall  elect  two 
representatives  to  the  House  of  Representatives. 

Convention  Resolution  JSTo.  78.  Mr.  Milner  of  Plainfield 
introduced  a  resolution  providing  for  one  representative  from 
each  town,  and  for  a  Senate  consisting  of  thirty-six  mem- 
bers. 

Convention  Resolution  No.  79.     Mr.  Warner  of  Salisbury 


JOURNAL    OF    THE    COXSTITUTIOXAL    CONVENTION.  61 

introduced  a  resolution  providing  that  the  Convention  is  in 
favor  of  an  increase  in  the  number  of  Senators  and  of  equal 
representation  in  said  increased  Senate  based  upon  population 
in  contiguous  territory. 

The  following  resolutions  were  introduced  and  tabled : 

Convention  Resolution  Xo.  80.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  no  preference 
shall  be  given  by  law  to  any  religious  sect  or  mode  of  worship. 

Convention  Eesolution  Xo.  81.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  no  person  shall 
for  one  offense  be  twice  put  in  jeopardy  of  life,  liberty,  or 
property. 

Convention  Resolution  Xo.  82.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  all  appeals  from 
judgments  of  justices  of  the  peace  and  police  courts  in  crim- 
inal cases  shall  be  taken  to  the  Superior  Court  in  the  several 
counties. 

Convention  Resolution  ISTo.  83.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  the  State's  Attor- 
neys in  the  State  shall  be  appointed  by  the  Governor. 

Convention  Resolution  Xo.  81.  Mr.  Xorthrop  of  Middle- 
town  introduced  a  resolution  providing  for  the  election  of  all 
State's  Attorneys  by  the  plurality  vote  of  the  electors  of  the 
several  counties,  and  that  their  term  of  office  be  for  four  years. 

Convention  Resolution  Xo.  85.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  for  annual  session  of 
the  General  Assembly. 

Convention  Resolution  Xo.  86.  Mr.  Warner  of  S-ilisbury 
introduced  a  resolution  from  the  Connecticut  Women's  Suf- 
frage Association  praying  that  the  Convention  allow  them  to 
present  their  views  on  woman  suffrage  to  the  Convention. 

Mr.  Waller  of  Xew  London  moved  that  the  resolution  be 
referred  to  a  special  committee  of  five  to  be  appointed  by  the 
President. 

The  motion  prevailed. 


62  JOURNAL    OF    THE    CO^"STITUTIOXAL    COXVEXTIOX. 

The  President  announced  the  appointment  of  the  following 
delegates  as  the  committee : 

Messrs.  "Warner  of  Salisbury. 

Waller  of  jSTew  London. 
Skinner  of  Andover. 
Grant  of  Enfield. 
Pierce  of  Bristol. 

RErORT   OF    A    COMMITTEE. 

Convention  Resolution  No.  43.  The  report  of  the  commit- 
tee on  Rules  and  Orders,  on  a  resolution  amending  the  rules 
and  orders  of  the  Convention,  recommending  the  rejection  of 
the  resolution,  and  the  passage  of  an  accompanying  resolution 
as  a  substitute  therefor,  was  received,  and  explained  by  ^Ir. 
"Warner  of  Salisbury,  chairman  of  the  committee  on  the  part 
of  the  Convention. 

On  motion  of  Mr.  "Warner  of  Salisbury,  the  substitute  reso- 
lution was  passed,  and  the  report  of  the  committee  accepted. 

The  following  is  the  resolution : 
Resolved  by  this  Convention  : 

That  Rule  22  be  made  "  Rule  24." 

That  the  following  be  adopted  as  "  Rule  22  " : 

"  Rule  22.  'No  person  other  than  the  members,  officers, 
and  employees  of  this  Convention,  the  executive  officers  and 
judges  of  the  State,  former  executive  officers  of  the  State,  and 
reporters  shall  be  admitted  on  the  floor  of  the  Convention, 
unless  upon  the  invitation  of  the  presiding  officer." 

That  the  following  be  adopted  as  "  Rule  23  " : 

"  Rule  23.  ISTo  member  shall  leave  his  seat  w^hile  the  pre- 
siding officer  is  putting  a  question  or  while  a  count  is  being 
taken," 

Mr.  Stevens  of  East  Haven  moved  that  the  Convention  go 
into  committee  of  the  wdiole. 

The  motion  prevailed. 


JOUKNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  63 

The  President  designated  Mr.  Waller  of  'New  London  as 
chairman  of  the  committee  of  the  whole,  and,  at  11.30  o'clock 
A.  M.,  the  Convention  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE    WHOLE. 

The  committee  was  called  to  order  at  11.32  A.  M.,  Chair- 
man Waller  in  the  Chair. 

The  general  question  of  representation  was  discussed  by 
Messrs.  Bryant  of  Orange,  Brown  of  ISTorwich,  Walsh  of  An- 
sonia,  and  Vance  of  l^ew  Britain. 

At  1  o'clock  P.  M.,  the  committee,  on  motion  of  Mr.  Loomis 
of  Glastonbury,  took  a  recess  until  1.45  o'clock  P.  M. 


Wednesday  afternoon,  January  15,  1902. 
The  committee  was  called  to  order  at  1.45  P.  M.,  Chairman 
Waller  in  the  Chair. 

The  general  question  of  representation  was  further  dis- 
cussed by  Messrs.  Merritt  of  Stamford,  Clark  of  Haddam, 
Hale  of  Portland,  Whittlesey  of  Morris,  Pelton  of  Clinton, 
Hall  of  West  Hartford,  and  Davenport  of  Bridgeport. 

Mr.  Loomis  of  Glastonbury,  at  3.38  P.  M.,  moved  that  the 
committee  of  the  whole  rise,  report  progress,  and  ask  leave  to 
sit  again. 

The  motion  prevailed. 


Wednesday  afternoon,  January  15,  1902, 
The. Convention  was  called  to  order  at  3.39  o'clock  P.  ]\L, 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 


64  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

and  risen  after  instructing  liim  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

CONVENTION   RESOLUTIONS. 

The  following  resolution  was  introduced,  and  referred  to 
the  committee  of  the  whole  : 

Convention  Resolution  jSTo.  87.  Mr.  Hall  of  AVillington 
introduced  a  resolution  changing  the  name  of  the  General 
Assembly  to  "  The  Senate  or  Court  of  the  People,  and  the 
House  of  Representatives  or  Court  of  the  Towns,"  and  both 
together  to  be  known  as  "  The  General  Court  or  The  General 
Assembly." 

The  following  resolutions  were  introduced,  and  tabled : 

Convention  Resolution  'No.  88.  Mr.  Hall  of  Willington 
introduced  a  resolution  providing  that  Judges  of  Probate  shall 
be  elected  for  the  term  of  four  years. 

Convention  Resolution  ISTo.  89.  Mr.  Hall  of  Willington 
introduced  a  resolution  providing  that  Selectmen  and  other 
town  officers  shall  be  elected  for  the  term  of  two  years. 

On  motion  of  Mr.  Smith  of  Plymouth,  the  Convention, 
at  3.40  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday,  at  11 
o'clock  A.  M. 


JOURNAL    OF    THE    CONSTITUTIO^'AL    CONVENTION.  65 


Thursday,  January  16,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Kev.  Charles  H. 
Smith  of  Plymouth. 

CONVENTION   RESOLUTIONS. 

The  following  resolutions  were  introduced,  and  referred  to 
the  committee  of  the  whole  : 

Convention  Eesolution  Xo.  90.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  the  Convention 
will  not  reduce  the  representation  of  the  seven  largest  towns 
to  the  same  number  as  the  seven  smallest  towns. 

Convention  Eesolution  jSTo.  91.  Mr.  Brothwell  of  Chester 
(by  request)  introduced  a  resolution  providing  for  a  Senate  of 
from  twenty-four  to  thirty-six  members,  and  one  representative 
from  each  town. 

Convention  Eesolution  Xo.  92.  Mr.  Davenport  of  Bridge- 
port (by  request)  introduced  a  resolution  providing  for  a  Senate 
of  forty  members  to  be  elected  from  the  several  counties  in 
the  State,  and  providing  for  a  House  of  Eepresentatives  con- 
sisting of  two  hundi'ed  and  forty-three  members,  each  town  to 
have  one  Eepresentative,  and  the  larger  towns  to  have  addi- 
tional Eepresentatives. 

The  following  resolutions  were  introduced  and  tabled : 

Convention  Eesolution  Xo.  93.  Mr.  Guilfoile  of  AYater- 
bury  introduced  a  resolution  providing  that  County  Com- 
missioners shall  be  elected  by  the  electors  of  the  several 
counties. 

Convention  Eesolution  Xo.  94.     Mr.  "Warner  of  Salisbury 
introduced  a  resolution  providing  for  the  compensation  of  the 
judges  of  the  courts  of  this  State. 
c.  c— 5 


66  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Convention  Resolution  iSTo.  95.  Mr.  Hayes  of  Betlileliem 
introduced  a  resolution  providing  that  in  case  of  a  veto  by  the 
Governor,  it  shall  require  a  two- thirds  vote  of  each  branch  of 
the  General  Assembly  to  pass  the  measure  over  such  veto,  and 
also  requiring  that  appropriations  out  of  the  treasury  shall 
specify  the  objects  and  purposes  of  said  appropriations. 

Convention  Resolution  'No.  37.  (See  Convention  Jour- 
nal, January  8th.)  Mr.  ISTorthrop  of  Middletown  introduced 
an  amendment  to  the  resolution  as  follows :  "  In  line  one 
strike  out  the  word  '  equal.'  " 

The  amendment  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  No.  72.  (See  Convention  Jour- 
nal, January  14th.)  Mr.  Stevens  of  East  Haven  introduced 
an  amendment  to  the  resolution  as  follows :  "  Insert  the  fol- 
lowing after  the  words  '  Common  Pleas,'  '  County  Health 
Officers  and  County  Coroners.'  " 

The  amendment  was  tabled. 

Mr.  Smith  of  Plymouth  introduced  a  memorial  from  the 
Woman's  Christian  Temperance  Union  of  Connecticut  in  favor 
of  the  omission  from  the  Constitution  of  the  word  "  male  "  in 
connection  with  the  elective  franchise. 

On  motion  of  Mr.  Smith  of  Plymouth  the  memorial  was 
referred  to  the  committee  on  Woman  Suffrage. 

Mr.  Warner  of  Salisbury  moved  that  when  the  Convention 
adjourn  it  be  to  meet  on  Tuesday,  January  21st,  at  12.30 
o'clock  P.  M. 

The  motion  prevailed. 

Mr.  Merritt  of  Stamford  moved  that  the  Convention  go  into 
committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  11.15  o'clock 
A.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE    WHOLE. 

The  Committee  was  called  to  order  at  11. IG  o'clock  A.M., 
Chairman  Waller  in  the  Chair. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  07 

The  general  question  of  representation  Avas  discussed  by 
Messrs.  Phelps  of  Yernon  and  Osborn  of  Xew  Haven. 

xit  12.45  o'clock  P.  M.,  the  committee,  on  motion  of  Mr. 
Merritt  of  Stamford,  took  a  recess  until  2  o'clock  P.  M. 


Thursday  afternoon,  January  16,   1902. 

The  Committee  was  called  to  order  at  2  o'clock  P.M.,  Chair- 
man Waller  in  the  Chair. 

The  general  question  of  representation  was  further  dis- 
cussed by  Messrs.  Clark  of  Hartford  and  Perry  of  Fairfield. 

[Mr.  Yance  of  !N'ew  Britain  in  the  Chair.] 

The  general  question  of  representation  was  further  dis- 
cussed by  Messrs.  Webb  of  Hamden,  Fisk  of  Branford,  and 
Bartlett  of  Simsbury. 

Mr.  Bartlett  of  Simsbury  gave  way  for  a  motion  to  rise  to 
continue  his  discussion  at  the  next  session  of  the  committee. 

Mr.  Healy  of  Windsor  Locks,  at  3.55  P.  M.,  moved  that  the 
committee  of  the  whole  rise,  report  progress,  and  ask  leave  to 
sit  again. 

The  motion  prevailed. 


Thursday   afternoon,   January    IG,    1902. 

The  Convention  was  called  to  order  at  3.56  o'clock  P.  M., 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

On  motion  of  Mr.  Clark  of  Fladdam,  the  Convention,  at 
3.57  o'clock  P.  M.,  adjourned  to  meet  on  Tuesday,  January 
21st,  at  12.30  o'clock  P.  M. 


68  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Tuesday,  January  21,  1902. 

The  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  William  Martin 
Brown  of  Bloomfield. 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  'No.  96.  Mr.  Clark  of  Haddam 
introduced  a  resolution  adopting  a  compilation  of  the  present 
Constitution  and  amendments. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  No.  97.  Mr.  Pisk  of  Branford  in- 
troduced a  resolution  reserving  to  each  town  an  equal  right 
to  that  of  the  General  Assembly  to  exercise  legislative  powers 
pertaining  to  its  own  territory,  providing  for  one  Representa- 
tive from  each  town,  and  Senatorial  districts  of  equal  popu- 
lation. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  No.  98.  Mr.  Stevens  of  East  Ha- 
ven introduced  a  resolution  providing  for  and  forming  thirty- 
nine  Senate  districts,  each  of  which  shall  choose  one  Senator. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  No.  99.  Mr.  Bailey  of  Groton  in- 
troduced a  resolution  providing  that  every  town  shall  be  en- 
titled to  send  one  Representative,  every  town  of  five  thousand 
population  two  Representatives,  every  town  of  twenty  thou- 
sand three  Representatives,  and  one  additional  Representa- 
tive for  each  twenty  thousand  in  excess  of  twenty  thousand. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  No.  100.  Mr.  Osborn  of  New 
Haven  (by  request)  introduced  a  resolution  providing  for 
thirty-two  Senatorial  districts,  each  to  send  one  Senator  and 
one  member  of  the  House  of  Representatives  from  each  town. 


JOURNAL    OF    THE    CONSTITUTIOiSrAL    CONVENTION.  G9 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  Xo.  101.  Mr.  Smith  of  Plymouth 
introduced  a  resolution  providing  that  each  town  shall  be 
entitled  to  send  one  Representative,  and  each  city  and  bor- 
ough entitled  to  send  one  additional  Representative. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  No.  102.  Mr.  Beach  of  New  Mil- 
ford  introdviced  a  resolution  providing  that  an  action  to  re- 
cover damages  for  personal  injuries  received  on  an  electric 
car,  engine,  or  railroad  train  shall  not  be  defeated  by  reason 
of  the  injuries  being  received  through  the  negligence  of  a 
coemployee. 

The  resolution  was  tabled. 

Convention  Resolution  jSTo.  103.  Mr.  Stevens  of  East  Ha- 
ven introduced  a  resolution  providing  for  the  trial  of  im- 
peachments by  the  President  of  the  Senate,  a  major  part  of 
the  Senators,  and  judges  of  the  Court  of  Errors,  that  no  judi- 
cial officer  shall  exercise  his  duties  after  articles  of  impeach- 
ment are  preferred  until  acquitted,  and  that  judgment  shall 
not  extend  further  than  removal  from  office  and  disqualifica- 
tion from  holding  office. 

The  resolution  was  tabled. 

Convention  Resolution  JSTo.  104.  Mr.  "Walsh  of  Ansonia 
(by  request)  introduced  a  resolution  amending  Section  9, 
Article  1,  so  that  the  private  books,  papers,  or  memoranda 
of  an  accused  person  cannot  be  taken  from  him  involuntarily 
and  used  as  evidence  against  him,  and  that  no  person  shall 
be  holden  for  a  crime  the  punishment  of  which  may  be  im- 
prisonment in  State  Prison  for  ten  years  or  more  unless  upon 
a  presentment  or  indictment  of  a  grand  jury. 

The  resolution  was  tabled. 

Mr.  Stevens  of  East  Haven  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  CouA^ention,  at  12.45  o'clock 
P.  M.,  went  into  committee  of  the  whole. 


70  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

COMMITTEE   OF   THE   WHOLE. 

The  committee  was  called  to  order  at  12.46  o'clock  P.  M., 
Chairman  Perry  in  the  Chair. 

The  general  question  of  representation  was  discussed  by- 
Mr.  Bartlett  of  Simsbury. 

Mr.  Holcomb  of  Southington,  during  Mr.  Bartlett's  ad- 
dress, raised  the  point  of  order  that  the  Speaker  was  not  dis- 
cussing the  question  before  the  committee. 

The  point  of  order  was  discussed  by  Messrs.  Waller  of  Kew 
London  and  Clark  of  Haddam. 

Chairman  Perry  ruled  that  he  could  only  request  the 
speaker  to  keep  as  near  as  possible  to  the  question  under  dis- 
cussion. 

Mr.  Waller  of  ^ew  London,  at  3  o'clock  P.  M,,  moved  that 
the  committee  rise  at  3.30  o'clock,  Mr.  Bartlett  of  Simsbury 
to  continue  his  discussion  at  the  next  session  of  the  committee. 

The  motion  was  discussed  by  Messrs.  Milner  of  Plainfield 
and  Brown  of  Xorw^ich. 

By  unanimous  consent,  Mr.  Waller  of  Xew  London  with- 
drew his  motion,  and  Mr.  Bartlett  of  Simsbury  continued  his 
discussion. 

Mr.  I^orthrop  of  Newtown,  at  3.37  o'clock  P.  M.,  moved 
that  the  committee  rise,  report  progress,  and  ask  leave  to  sit 
again. 

The  motion  prevailed. 


Tuesday  afternoon,  January  21,  1902. 
The  Convention  was  called  to  order  at  3.38  o'clock  P.  M., 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to 
it,  and  risen,  after  instructing  him  to  report  progress,  and 
ask  leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  71 

CONVENTION   RESOLUTION. 

Convention  Eesolntion  Xo.  103a.  Mr.  Hubbard  of  Dur- 
ham introduced  a  resolution  providing  that  no  delegate  shall 
hold  the  floor  for  the  purpose  of  debate  longer  than  forty- 
five  minutes,  except  by  unanimous  consent. 

On  motion  of  Mr.  Waller  of  Xew  London  the  resolution 
was  tabled. 

On  motion  of  Mr.  Perry  of  Fairfield,  the  Convention,  at 
3.40  o'clock  P.  M.,  adjourned  to  meet  on  Wednesday,  Jan- 
uary 22d,  at  11  o'clock  A.  M. 


72  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Wednesday,  January  22,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prajer  was  offered  by  the  Chaplain,  Eev.  Charles  H. 
Smith  of  Plymouth. 

CONVENTION   RESOLUTIONS. 

Convention  Pesolution  ISTo.  105.  Mr.  Stevens  of  East 
Haven  introduced  a  resolution  prescribing  a  form  of  oath  of 
office  for  public  officers,  including  a  declaration  that  the  officer 
has  not  paid,  offered,  or  promised  to  pay  anything  as  a  con- 
sideration or  reward  for  the  giving  or  withholding  a  vote  at 
the  election  at  which  he  was  elected,  nor  made  any  promise 
to  influence  the  giving  or  withholding  of  such  vote. 

The  resolution  was  tabled. 

Convention  Eesolution  ISTo.  106.  Mr.  Stevens  of  East 
Haven  introduced  a  resolution  providing  that  no  bill  shall  be 
passed  or  become  a  law  unless  it  shall  have  been  printed  and 
upon  the  desks  of  the  members  in  its  final  form  at  least  three 
days  prior  to  its  passage,  nor  shall  any  bill  be  passed  ex- 
cept by  the  assent  of  a  majority  of  the  members  of  each 
branch  of  the  legislature;  that  no  amendment  shall  be  allowed 
upon  the  last  readings,  and  the  vote  on  the  bill  taken  by  yeas 
and  nays;  also  that  no  private  or  local  bill  shall  embrace  more 
than  one  subject,  and  that  expressed  in  its  title. 

The  resolution  was  tabled. 

Mr.  Hayes  of  Bethlehem  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  11.05  o'clock 
A.  M.,  went  into  committee  of  the  whole. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  73 

COMMITTEE    OF    THE   WHOLE. 

The  committee  was  called  to  order  at  11.06  o'clock  A.  M., 
Chairman  Perry  in  tlie  Cliair. 

The  general  question  of  representation  was  discussed  bv 
Messrs.  Hubbard  of  Durham,  Chandler  of  Thompson,  and 
Waller  of  jSTew  London. 

Mr.  Clark  of  Haddam,  at  12.45  o'clock  P.  M.,  moved  that 
the  committee  of  the  whole  take  a  recess  until  2  o'clock  P.  M. 

The  motion  prevailed. 


"Wednesday  afternoon,  January  22,  1902. 

COMMITTEE   OF   THE   WHOLE. 

The  committee  was  called  to  order  at  2  o'clock  P.  M.,  the 
Chairman  in  the  Chair. 

The  general  question  of  representation  was  discussed  by 
Messrs.  Warner  of  Salisbury  and  Guilfoile  of  Waterbury. 

Mr.  Smith  of  Plymouth,  at  3.37  P.  M.,  moved  that  the 
committee  of  the  whole  rise,  report  progress,  and  ask  leave  to 
sit  again. 

The  motion  prevailed. 


Wednesday  afternoon,  January  22,  1902. 

The  Convention  was  called  to  order  at  3.38  P.  M.,  the  Pres- 
ident in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen,  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

On  motion  of  Mr.  Clark  of  Haddam,  the  Convention,  at 
3.39  o'clock  P.  M.,  adjourned  to  meet  on  Thursday,  January 
23d,  at  11  o'clock  A.  M. 


74  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Thursday,  January  23,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  "William  Martin 
BroMTi  of  Bloomfield. 

CONVENTION   RESOLUTIONS. 

Convention  Resolution  JSTo.  107.  Mr.  Osborn  of  New 
Haven  (by  request)  introduced  a  resolution  requesting  the 
Comptroller  to  compile  and  have  printed  the  constitutional 
provisions  of  the  different  states  regarding  the  enactment  of 
special  legislation. 

The  resolution  was  discussed  by  Messrs.  Perry  of  Fairfield 
and  Osborn  of  Xew  Haven. 

On  motion  of  Mr.  Osborn  of  ]Srew  Haven  the  resolution  was 
tabled. 

Convention  Resolution  Xo.  108.  Mr.  Smith  of  Cheshire 
introduced  a  resolution  providing  that  a  day  not  earlier  than 
July  7th  be  fixed  for  final  adjournment  of  the  Convention, 
and  that  the  first  Monday  of  October  be  assigned  for  vote  of 
the  people  on  the  ratification  of  the  new  Constitution. 

The  resolution  was  discussed  by  Mr.  Smith  of  Cheshire. 

On  motion  of  Mr.  Smith  of  Cheshire,  the  resolution  was 
tabled. 

Convention  Resolution  ISTo.  109.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  that  the  Governor  shall 
have  power  to  grant  reprieves  and  pardons  for  all  offenses 
against  the  State,  except  in  cases  of  impeachments. 

The  resolution  was  tabled. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  75 

Convention  Eesolution  No.  110.  Mr.  Walsli  of  Ansonia 
introduced  a  resolution  providing  that  when  private  property 
is  sought  to  be  taken  for  public  use  the  owner  shall  have  the 
right  to  a  trial  by  jury  as  to  the  value  thereof. 

The  resolution  was  tabled. 

Convention  Eesolution  ISTo.  111.  Mr.  "Walsh  of  Ansonia 
introduced  a  resolution  providing  that  the  right  of  trial  by 
jury  shall  include  all  actions  at  law,  as  now  administered,  in- 
cluding all  hearings  and  judicial  hearings  in  damages  upon 
default  or  demurrer  overruled,  also  the  trial  of  all  cases 
wherein  equitable  modes  of  procedure  may  hereafter  be  in- 
stituted for  the  same  matters  as  are  now  cognizable  by  courts 
of  law. 

The  resolution  was  tabled. 

Convention  Eesolution  ISTo.  112.  Mr.  Walsh  of  Ansonia 
introduced  a  resolution  providing  that  the  judges  of  all  courts 
of  original  jurisdiction,  except  municipal  and  justice  courts, 
shall  perform  their  duties  upon  circuit,  and  not  be  assigned 
for  any  one  county  for  a  longer  consecutive  period  than  three 
months. 

The  resolution  was  tabled. 

Mr.  Perry  of  Fairfield  moved  that  when  the  Convention 
adjourn  it  adjourn  to  meet  on  Friday,  January  24:th,  at  11 
o'clock  A.  M. 

Mr.  IsTorthrop  of  JSTewtown  moved  to  amend  by  making  the 
time  Tuesday,  January  28th,  at  12.30  o'clock  P.  M. 

The  motion  to  amend  was  discussed  by  Messrs.  ISTorthrop  of 
IS^ewtown,  Perry  of  Fairfield,  Brown  of  ISTorwich,  Clark  of 
Haddam,  Vance  of  ISTew  Britain,  and  Strong  of  Warren, 

The  motion  to  amend  prevailed. 

The  motion  was  then  passed  as  amended. 

Mr.  Smith  of  Plymouth  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  11.25  o'clock 
A.  M.,  Avent  into  committee  of  the  whole. 


76  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

COMMITTEE    OP    THE   WHOLE. 

The  Committee  was  called  to  order  at  11.26  o'clock  A.  M., 
Chairman  Peny  in  the  Chair. 

The  general  question  of  representation  was  discussed  by 
Messrs.  Sanford  of  Redding,  Griswold  of  Guilford,  and  Hayes 
of  Bethlehem. 

Mr.  Loomis  of  Glastonbury,  at  12.45  o'clock  P.  M.,  moved 
that  the  committee  of  the  whole  take  a  recess  until  1.45  o'clock 
P.  M. 

The  motion  prevailed. 


Thursday  afternoon,   January   23,    1902. 
COMMITTEE    OF    THE   WHOLE. 

The  Committee  was  called  to  order  at  1.45  o'clock  P.  M.,  the 
Chairman  in  the  Chair. 

The  general  question  of  representation  was  discussed  by 
Messrs.  Kendrick  of  Wallingf  ord,  Charter  of  Ellington,  Wake- 
man  of  Westport,  and  Fisk  of  Branford. 

Mr.  Belden  of  Canaan,  at  3.10  P.  M.,  moved  that  the 
committee  of  the  whole  rise,  report  progress,  and  ask  leave  to 
sit  again. 

The  motion  prevailed. 


Thursday  afternoon,  January  23,  1902. 

The  Convention  was  called  to  order  at  3.11  P.  M.,  the  Pres- 
ident in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  77 

and  risen,  after  instructing  him  to  report  progi-ess,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

Mr.  Vance  of  ISTew  Britain  raised  the  point  of  order  that 
the  Convention  was  not  properly  in  session  because,  as  he 
claimed,  the  motion  that  the  committee  of  the  whole  rise  had 
not  been  put  and  carried. 

The  point  of  order  was  discussed  by  Mr.  Skinner  of  An- 
dover. 

The  President  ruled  that  as  the  Chairman  of  the  com- 
mittee of  the  whole  had  declared  the  motion  to  rise  carried 
and  vacated  the  Chair,  the  point  of  order  was  not  well  taken. 

Mr.  Osborn  of  ISTew  Haven  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  3.13  o'clock 
P.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE    WHOLE. 

The  Committee  was  called  to  order  at  3.14  o'clock  P.  M., 
Chairman  Perry  in  the  Chair. 

The  Chairman  explained,  with  reference  to  the  point  of 
order  raised  in  the  Convention,  that  according  to  custom  in 
committee  of  the  whole  the  motion  to  rise  had  been  put  by  in- 
quiry if  there  was  objection  to  the  passage  of  the  motion,  and, 
no  objection  being  made,  the  motion  was  considered  as  prevail- 
ing unanimously. 

The  general  question  of  representation  was  discussed  by 
Messrs.  Northrop  of  Xewtown  and  Davenport  of  Bridgeport. 

Mr.  Brown  of  Norwich,  at  3.46  P.  M.,  moved  that  the 
committee  of  the  whole  rise,  report  progress,  and  ask  leave  to 
sit  again. 

The  motion  prevailed. 


78  JOURNAL    OF    THE    CONSTITUTIOXAL    CONVENTION. 


Thursday  afternoon,  January  23,  1902. 

Tlie  Convention  was  called  to  order  at  3.47  o'clock  P.  M., 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen,  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

On  motion  of  Mr.  Clark  of  Haddam,  the  Convention,  at 
3.48  o'clock  P.  M.,  adjourned  to  meet  on  Tuesday,  at  12.30 
o'clock  P.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  79 


Tuesday,  January  28,  1902. 

The  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

.  Prayer  was   offered   by   the   ChajDlain,    Eev.    Charles   H. 
Smith  of  Plymouth. 

CONVENTION    RESOLUTIONS. 

Convention  Eesolution  jSTo.  113.  Mr.  Waller  of  Xew  Lon- 
don introduced  a  resolution  requesting  the  Comptroller  to 
cause  to  be  compiled  and  printed,  for  the  use  of  the  delegates, 
the  provisions  of  the  Constitutions  of  other  states  in  regard 
to  granting  charters  other  than  municipal,  in  regard  to  spe- 
cial legislation,  and  in  regard  to  appointing  to  other  office 
members  of  the  General  Assembly  during  their  term. 

The  resolution  was  discussed  by  Mr.  Waller  of  New 
London. 

The  resolution  was  then  passed. 

Convention  Resolution  Xo.  114.  Mr.  Waller  of  ISTew 
London  introduced  a  resolution  requesting  the  Comptroller 
to  cause  to  be  compiled  and  printed  the  provisions  of  the  Con- 
stitution of  Rhode  Island,  adopted  within  four  years,  regard- 
ing representation  in  the  General  Assembly  of  the  towns  of 
said  State  in  one  body,  and  the  people  of  said  State  in  an- 
other body. 

The  resolution  was  discussed  by  Messrs.  Waller  of  Xew 
London,  Perry  of  Fairfield,  Clark  of  Haddam,  and  Daven- 
port of  Bridgeport. 

The  resolution  was  then  passed. 

Convention  Resolution  ISTo.  115.  Mr.  Clark  of  Haddam 
introduced  a  resolution  providing  that  all  towns  of  twenty- 
five  thousand  population  and  over  shall  have  two  representa- 
tives, and  that  the  one  hundred  and  sixty-two  towns  which 


80  JOURNAL    OF    THE    CONSTITUTIOIs^^L    CONVENTION. 

now  have  less  than  tAventj-five  thousand  shall  alternately 
liave  two  representatives,  eighty-one  towns  to  have  two  in  the 
session  of  1903,  and  quadrennially  thereafter,  and  the  other 
eighty-one  towns  two  in  the  session  of  1905,  and  quadren- 
nially thereafter. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Eesolution  'No.  116.  Mr.  Clark  of  Haddam 
introduced  a  resolution  providing  that  towns  of  less  than 
fifteen  hundred  population  shall  have  one  representative, 
fifteen  hundred  to  fifteen  thousand  population,  two;  fifteen 
thousand  to  twenty-five  thousand,  three;  twenty-five  thou- 
sand to  fifty  thousand,  four;  fifty  thousand  to  one  hundred 
thousand,  five,  and  over  one  hundred  thousand,  six,  and  that 
each  town  having  more  than  two  representatives  shall  be 
divided  into  districts,  each  district  to  elect  one  representative. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  ISTo.  117.  Mr.  Clark  of  Haddam 
introduced  a  resolution  providing  that  towns  of  less  than 
fifteen  hundred  population  shall  send  one  representative;  of 
fifteen  hundred  to  twenty-five  thousand,  two;  of  twenty-five 
thousand  to  fifty  thousand,  three;  of  fifty  thousand  and  over 
seventy-five  thousand,  four  representatives. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Eesolution  ISTo.  118.  Mr.  Clark  of  Haddam 
introduced  a  resolution  providing  that  each  towm  shall  be  en- 
titled to  send  two  representatives,  and  the  State  shall  pay  to 
each  town,  for  each  session  of  the  General  Assembly,  three 
hundred  dollars  and  one  mileage  for  one  representative,  and 
if  the  town  sends  another  representative  it  be  without  ex- 
pense to  the  State. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Eesolution  No.  119.  Mr.  Warner  of  Salis- 
bury introduced  a  resolution  providing  that  no  towm  shall 
be  deprived  of  its  representation  in  the  General  Assembly 
without  its  consent. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION,  81 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Eesolution  Xo.  120.  Mr.  Griswold  of  Guil- 
ford introduced  a  resolution  providing  for  the  adoption  of 
what  is  known  as  the  Sperrj  compilation  of  the  Constitution, 
with  such  changes  as  mav  be  hereafter  made  in  Sections  3, 
4,  and  5  of  Article  Third  relating  to  representation. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  jSTo.  121.  Mr.  Osborn  of  ISTew 
Haven  introduced  a  resolution  providing  that  all  judges  except 
justices  of  the  peace  shall  be  appointed  by  the  General  As- 
sembly on  nomination  of  the  Governor. 

The  resolution  was  tabled. 

Convention.  Eesolution  Xo.  122.  Mr.  Waller  of  jSTew 
London  introduced  a  resolution  raising  a  committee  to  re- 
port a  provision  concerning  the  practice  of  law  by  judges  of 
inferior  courts. 

The  resolution  was  tabled. 

Convention  Resolution  Iso.  123.  Mr.  Bailey  of  Groton  in- 
troduced a  resolution  providing  against  any  change  in  the 
present  method  of  appointment  of  State's  Attorneys. 

The  resolution  was  tabled. 

Convention  Resolution  Xo.  124.  Mr.  "Warner  of  Salis- 
bury introduced  a  resolution  providing  that  the  same  formali- 
ties and  requisites  as  are  necessary  in  altering  or  amending  the 
Constitution  be  required  in  calling  a  Constitutional  Conven- 
tion. 

The  resolution  was  tabled. 

Convention  Resolution  Xo.  125.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  providing  for  the  forfeiture  of 
the  charter  of  any  corporation  which  expends  any  of  its 
funds  for  lobbying  purposes,  or  in  aid  of  the  election  or  de- 
feat of  any  State  or  municipal  officer. 

The  resolution  was  tabled. 

Convention  Resolution  Xo.  126.  Mr.  Russell  of  South- 
bury  introduced  a  resolution  providing  that  all  voters  whether 
c.  c— 6 


82  JOURNAL    OF    THE    COXSTITUTIOXAL    CONVENTION. 

married  or  single  shall  have  equal  rights  of  registration  and 
voting. 

The  resohition  was  tabled. 

Convention  Resolution  Xo.  127.  Mr.  Davenport  of  Bridge- 
port introduced  a  resolution  against  the  proposed  change  by 
the  Congress  of  the  United  States  from  the  plural  to  the 
singular  number  in  designating  the  states  of  the  union. 

The  resolution  was  tabled. 

MISCELLANEOUS. 

Convention  Resolution  Xo.  107.  (See  Convention  Jour- 
nal, January  23d.)  Resolution  concerning  a  compilation 
of  constitutional  provisions  regarding  special  legislation  was 
taken  from  the  table  on  motion  of  Mr.  Osborn  of  ISTew  Ha- 
ven. 

By  unanimous  consent,  Mr.  Waller  of  Xew  London,  at 
whose  request  the  resolution  was  introduced,  withdrew  the 
resolution. 

Mr.  Loomis  of  Glastonbury  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  1.12  o'clock 
P.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE   WHOLE. 

The  Committee  was  called  to  order  at  1.13  o'clock  P.  M., 
Chairman  Perry  in  the  Chair. 

The  general  question  of  representation  was  discussed  by 
Messrs.  Davenport  of  Bridgeport  and  Sperry  of  South  Wind- 
sor. 

Mr.  Clark  of  Haddam  moved  that  the  Committee  shall  not 
take  a  vote  on  the  question  of  representation  in  the  House  or 
Senate  before  Tuesday,  February  4th,  at  1  o'clock  P.  M. 

The  motion  was  discussed  by  Messrs.  Clark  of  Haddam, 
Loomis  of  Glastonbury,  Merritt  of  Stamford,  Brown  of  Nor- 
wich, and  Milner  of  Plainfield. 


JOURNAL    OF    THE    CONSTITUTIONAL    OONVENTIO:Sl .  83 

Mr.  Milner  of  Plainfield  moved  as  an  amendment  that  a 
vote  be  taken  on  Tlinrsdaj,  January  SOth,  at  1  o'clock  P.  M. 

The  amendment  was  discussed  by  Mr.  Osborn  of  New  Ha- 
ven. 

By  nnanimons  consent,  Mr.  Milner  of  Plainfield  withdrew 
his  amendment. 

The  motion  of  Mr.  Clark  of  Haddam  did  not  prevail. 

Mr.  Stevens  of  East  Haven,  at  3.45  P.  M.,  moved  that  the 
committee  of  the  whole  rise,  report  progress,  and  ask  leave 
to  sit  again. 

The  motion  prevailed. 


Tuesday  afternoon,  January  28,  1902. 

The  Convention  was  called  to  order  at  3.46  P.  M.,  the 
President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to 
it,  and  risen,  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

Mr.  Osborn  of  New  Haven  rose  to  a  question  of  personal 
privilege,  and,  addressing  the  Convention,  denied  any  re- 
sponsibility for  an  anonymous  document  that  had  been  mailed 
to  the  members  of  the  Convention  from  the  city  which  he 
represented.  He  stated  that  he  Avas  unacquainted  with  its 
aul^hor,  and  was  not  in  sympathy  with  the  spirit  and  .temper 
in  which  it  was  written. 

On  motion  of  Mr.  Sumner  of  Bolton,  the  Convention,  at 
3.47  o'clock  P.  M.,  adjourned  to  meet  on  Wednesday  at  11 
o'clock  A.  M. 


84  JOURNAL    OF    THE    CONSTITUTIOXAL    CONVE^"'iIOJN. 


Wednesday,  Janiiarj  29,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair, 

Prayer  was  offered  by  the  Chaplain,  Eev.  William  Martin 
Brown  of  Bloomfield. 

Mr.  Merritt  of  Stamford  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  11.07  o'clock 
A.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE    WHOLE. 

The  Committee  was  called  to  order  at  11.08  o'clock  A.  M., 
Chairman  Waller  in  the  Chair. 

The  general  question  of  representation  was  discussed  by 
Messrs.  Bissell  of  Suffield  and  Clark  of  Haddam. 

[Mr.  Guilfoile  of  Waterbury  in  the  Chair.] 

The  general  question  of  representation  was  further  dis- 
cussed by  Messrs.  Clark  of  Haddam,  Waller  of  ]^ew  London, 
and  Etheridge  of  Thomaston. 

Mr.  Clark  of  Haddam,  at  12.47  o'clock  P.  M.,  moved  that 
the  committee  of  the  whole  take  a  recess  until  2  o'clock  P.  M. 

The  motion  prevailed. 


Wednesday  afternoon,  January  29,  1902. 

COMMITTEE    OF    THE   WHOLE. 

The  Committee  was  called  to  order  at  2  o'clock  P.  M.,  Mr. 
Guilfoile  of  Waterbury  in  the  Chair. 

The  general  question  of  representation  was  discussed  by 
Mr.  Hotchkiss  of  Prospect. 


JOURNAL    OF    THE    COXSTITUTIOXAL    CONVENTION.  85 

[Chairman  "Waller  in  tlie  Chair.] 

The  general  question  of  representation  was  further  dis- 
cussed by  Mr.  Hotehkiss  of  Prospect. 

[Mr.  Meri-itt  of  Stamford  in  the  Chair.] 

The  general  question  of  representation  was  further  dis- 
cussed by  Messrs.  Hotehkiss  of  Prospect,  Waldo  of  Scotland, 
Bowen  of  "Woodstock,  Collins  of  Columbia,  "Webb  of  Ham- 
den,  and  Pierce  of  Bristol. 

Mr.  Etheridge  of  Thomaston  moved  that  all  delegates  in- 
tending to  address  the  Committee  on  the  subject  of  repre- 
sentation before  any  vote  is  taken  thereon  hand  their  names 
to  the  Clerk  on  or  before  Tuesday,  February  3d,  at  11  A.  M. 

The  motion  was  discussed  by  Messrs.  Etheridge  of  Thomas- 
ton,  Clark  of  Haddam,  Strong  of  Warren,  and  Waller  of 
Xew  London. 

By  unanimous  consent,  Mr.  Etheridge  of  Thomaston  then 
withdrew  his  motion. 

Mr.  Waller  of  Xew  London  moved  that  no  delegate  shall 
speak  more  than  once  on  the  subject  of  representation  as  long 
as  any  other,  delegate  wishes  to  speak  on  the  question. 

The  motion  was  discussed  by  Messrs.  Waller  of  Xew  Lon- 
don, Clark  of  Haddam,  and  Hall  of  West  Hartford. 

By  unanimous  consent,  Mr.  Waller  of  Xew  London  with- 
drew his  motion. 

Mr.  Hall  of  West  Hartford,  at  4.27  P.  M.,  moved  that  tlie 
committee  of  the  whole  rise,  report  progress,  and  ask  leave  to 
sit  again. 

The  motion  prevailed. 


86  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Wednesday  afternoon,  January  29,  1902. 

The  Convention  was  called  to  order  at  4.28  o'clock  P.  M., 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen,  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  jSTo.  128.  Mr.  Webb  of  Hamden 
(by  request)  introduced  a  resolution  providing  that  no  city  or 
town  shall  incur  a  municipal  debt  exceeding  live  per  cent, 
of  its  grand  list,  that  towns' shall  not  be  deprived  of  any  of 
their  territory  without  their  consent,  and  that  the  General 
Assembly  shall  pass  no  law  depriving  any  town  of  local  op- 
tion in  town  government. 

The  resolution  was  tabled. 

Convention  Eesolution  :N'o.,  129.  Mr.  Webb  of  Hamden 
(by  request),  introduced  a  resolution  providing  that  a  majority 
of  two-thirds  of  the  members  of  each  house  of  the  General 
Assembly  at  any  regular  session  may  propose  for  ratification 
by  the  people  any  amendment  of  the  Constitution. 

The  resolution  was  tabled. 

Mr.  Merritt  of  Stamford  moved  that  when  the  Convention 
adjourn  it  be  to  meet  on  Thursday,  at  10.30  o'clock  A.  M. 

The  motion  was  discussed  by  Messrs.  Merritt  of  Stamford, 
Clark  of  Haddam,  and  Healy  of  Windsor  Locks. 

The  motion  did  not  prevail. 

On  motion  of  Mr.  Hayes  of  Bethlehem,  the  Convention,  at 
4.32  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday,  at  11 
o'clock  A.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  87 


Thursday,  January  30,   1902. 

The  Conveution  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  Charles  H. 
Smith  of  Plymouth. 

CONVENTION-  RESOLUTIONS. 

Convention  Eesolution  No.  130.  Mr.  Stevens  of  East 
Haven  introduced  a  resolution  instructing  the  Clerk  to  pre- 
pare and  have  printed  a  list  showing  in  detail  the  number  of 
representatives  each  town  will  be  entitled  to  under  the  sev- 
eral resolutions  referred  to  the  committee  of  the  whole. 

On  motion  of  Mr.  Loomis  of  Glastonbury,  the  resolution 
was  tabled. 

Convention  Eesolution  ISTo.  131.  Mr.  Webb  of  Hamden 
(by  request)  introduced  a  resolution  providing  that  the  House 
of  Representatives  shall  consist  of  not  to  exceed  two  hundred 
and  twenty-five  members;  no  town  to  ever  have  less  than 
one  representative;  towns  of  over  five  thousand  inhabitants 
to  have  one  additional  representative,  and  the  Senate  to  be 
composed  of  thirty-six  members.  Also  providing  that  towns 
entitled  to  only  one  representative  shall  each  receive  an  an- 
nual appropriation  of  five  hundred  dollars  from  the  State  for 
maintaining  a  public  library  within  such  town. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  ISTo.  132.  Mr.  Korthrop  of  ISTew- 
town  (by  request)  introduced  a  resolution  providing  that 
towns  which  cast  five  hundred  votes  or  less  at  the  last  pre- 
ceding State  election  shall  have  one  representative;  towns 
casting  from  five  hundred  to  one  thousand  votes,  two,  and 
one  representative  for  every  additional  one  thousand  votes 
or  fraction  thereof. 

The  resolution  was  referred  to  the  committee  of  the  whole. 


OC5  JOUKXAL    OF    THE    COXSTITUTIOIN^AL    CONVEKTIOIS. 

Convention  Resolution  Xo.  133.  ^Ir.  Xorthrop  of  Xew- 
town  (by  request)  introduced  a  resolution  providing  that 
the  Senate  consist  of  one  member  for  every  six  thousand 
votes  cast  at  the  last  preceding  State  election,  and  that  each 
county  be  accorded  one  additional  State  Senator  for  every 
twenty-five  thousand  votes  or  fraction  thereof,  said  addi- 
tional Senators  to  be  known  as  "  County  State  Senators  at 
Large." 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Eesolution  Xo.  134.  Mr.  Bissell  of  Suffield 
introduced  a  resolution  providing  for  the  continuance  of  the 
present  system  of  representation  in  the  House  of  Representa- 
tives, except  that  New  Haven  shall  have  six  representatives, 
Hartford  five,  Waterbury  four,  Bridgeport,  five,  Norwich 
three,  Meriden  three,  and  New  Britain  three. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

MISCELLANEOUS. 

Mr.  "Warner  of  Salisbury  moved  that  when  the  Conven- 
tion adjourn  today  it  adjourn  to  meet  on  Monday,  February 
3d,  at  12.30  o'clock  P.  M. 

The  motion  was  discussed  by  Messrs.  Warner  of  Salisbury 
and  Northrop  of  Newtown. 

The  motion  prevailed. 

Mr.  Loomis  of  Glastonbury  moved  that  the  Convention 
reconsider  its  vote  in  passing  the  motion. 

The  motion  was  discussed  by  Messrs.  Loomis  of  Glaston- 
bury, Osbom  of  New  Haven,  and  Warner  of  Salisbury. 

The  motion  prevailed. 

Mr.  Northrop  of  Middletown  moved  to  amend  by  making 
the  date  of  adjournment  Tuesday,  February  4th,  at  12.30 
o'clock  P.  M. 

The  motion  to  amend  prevailed. 

The  motion  was  then  passed  as  amended. 


JOUENAL    OF    THE    CONSTITUTIONAL    CONVENTION.  89 

Mr.  Hall  of  West  Hartford  moved  that  the  Convention 
meet  on  Tuesday,  Wednesday,  and  Thursday  of  each  week 
until  further  action  by  the  Convention. 

The  motion  was  discussed  by  Messrs.  Hall  of  West  Hart- 
ford and  Clark  of  Haddam. 

The  motion  prevailed. 

Mr.  Milner  of  Plainfield  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  11.23  o'clock 
A,  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF   THE   WHOLE. 

The  Committee  was  called  to  order  at  11.24  o'clock  A.  M., 
Chairman  Perry  in  the  Chair. 

The  general  question  of  representation  was  discussed  by 
Mr.  Smith  of  Plymouth. 

[Mr.  Warner  of  Salisbury  in  the  Chair.] 

The  general  question  of  representation  was  further  dis- 
cussed by  Messrs,  Xorthrop  of  Middletown  and  Hall  of  West 
Hartford. 

Mr.  Middleton  of  East  Windsor,  at  12.54  o'clock  P.  M., 
moved  that  the  Committee  take  a  recess  until  2  o'clock  P.  M. 

The  motion  prevailed. 


Thursday  afternoon,  January  30,  1902. 

COMMITTEE    OF    THE    WHOLE. 

The  Committee  was  called  to  order  at  2  o'clock  P.  M., 
the  Chairman  in  the  Chair. 

The  general  question  of  representation  was  discussed  by 
Mr.  Chipman  of  East  Lyme. 


90  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

[Mr.  Phelps  of  Vernon  in  the  Chair.] 

The  general  question  of  representation  was  further  dis- 
cussed by  Messrs.  Huntington  of  Old  Lyme,  Perry  of  Fair- 
field, Dempsey  of  Danbury,  and  Lines  of  Meriden. 

[Chairman  Perry  in  the  Chair.] 

The  general  question  of  representation  was  further  dis- 
cussed by  Messrs.  Davenport  of  Bridgeport,  Fisk  of  Bran- 
ford,  jSTorthrop  of  Middletown,  Guilfoile  of  Waterbury,  and 
Andrews  of  Litchfield. 

Mr.  Clark  of  Haddam,  at  3.34  P.  M.,  moved  that  the  com- 
mittee of  the  whole  rise,  report  progress,  and  ask  leave  to 
sit  again. 

The  motion  prevailed. 


Thursday  afternoon,  January  30,  1902. 

The  Convention  was  called  to  order  at  3.35  o'clock  P.  M., 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to 
it,  and  risen,  after  instructing  him  to  report  progress,  and 
ask  leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

On  motion  of  Mr.  Smith  of  Plymouth,  the  Convention,  at 
3.36  P.  M.,  adjourned  to  meet  on  Tuesday,  February  4th,  at 
12.30  o'clock  P.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  91 


Tuesday,  February  4,  1902. 

The  .Conventiou  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  William  Martin 
BroAvn  of  Bloomfield. 

CONVENTION   RESOLUTIONS. 

Convention  Resolution  'No.  135.  Mr.  Osborn  of  Xew 
Haven  introduced  a  resolution  of  sympathy  to  the  town  of 
Waterbury. 

The  resolution  was  discussed  by  Mr.  Guilfoile  of  "Water- 
bury. 

The  resolution  was  passed. 

The  following  is  the  resolution : 

Eesolved  by  this  Convention : 

The  Connecticut  Constitutional  Convention  now  in  session 
takes  this,  its  first  opportunity,  to  express  to  the  citizens  of 
the  town  of  Waterbury  its  profound  sympathy  for  the  dis- 
tress which  has  overtaken  them,  and  to  further  assure  them 
that  the  remaining  one  hundred  and  sixty-seven  towns  are  a 
unit  in  wishing  them  a  speedy  triumph  over  their  prevailing 
ills,  and  a  quick  return  to  a  greater  prosperity  than  ever. 
Such  catastrophes  make  the  towns  of  Connecticut  akin. 

Convention  Resolution  No.  136.  Mr.  Davenport  of 
Bridgeport  introduced  a  resolution  providing  for  a  Senate  of 
from  twenty-four  to  thirty-six  members  and  that  no  town 
shall  have  more  than  five  Senators. 

The  resolution  was  referred  to  the  committee  of  the  w^hole. 

Convention  Resolution  Xo.  137.  Mr.  Walsh  of  Green- 
wich introduced  a  resolution  providing  that  towns  under  three 
thousand  population  shall  have  one  representative,  towns  from 
three  thousand  to  fifteen  thousand  population,  two,  fifteen 


92  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

tliousand  to  twenty-five  tlioiisand  three,  twenty-five  to 
fifty  thousand,  four,  fifty  thousand  to  one  liundred  thousand, 
five,  over  one  hundred  thousand  six,  and  that  towns  entitled 
to  more  than  two  representatives  shall  be  divided  into  dis- 
tricts, each  district  to  elect  one  representative. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Eesolution  No.  138.  Mr.  Coe  of  Cromwell 
introduced  a  resolution  providing  that  towns  of  ten  thousand 
population  or  over  shall  have  two  representatives,  every  other 
town  one,  and  that  the  State  shall  be  divided  into  from  forty- 
eight  to  sixty  senatorial  districts,  each  to  elect  one  Senator. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Eesolution  jSTo.  139.  Mr.  Coe  of  Cromwell 
introduced  a  resolution  providing  that  towns  of  ten  thousand 
population  or  over  shall  have  two  representatives,  every 
other  town  one,  and  that  no  town  shall  be  deprived  of  its  repre- 
sentation in  the  General  Assembly  without  its  consent. 
•  The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Eesolution  Is"o.  140.  Mr.  Hall  of  West  Hart- 
ford introduced  a  resolution  providing  that  every  town  shall 
have  at  least  one  representative,  towns  of  from  twenty-five 
hundred  to  ten  thousand  population,  two ;  ten  thousand  to  fifty 
thousand,  three;  more  than  fifty  thousand,  four. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Eesolution  iSo.  141.  Mr.  Loomis  of  Glaston- 
bury (by  request)  introduced  a  resolution  providing  that  towns 
of  less  than  twenty-five  hundred  population  shall  have  one 
representative,  towns  of  tw^enty-five  hundred  or  more  two, 
and  that  the  Senate  shall  consist  of  thirty-six  members. 

The  resolution  was  refeiTcd  to  the  committee  of  the  whole. 

Convention  Eesolution  Xo.  142.  Mr.  Loomis  of  Glaston- 
bury (by  request)  introduced  a  resolution  providing  that  every 
town  shall  be  entitled  to  send  one  representative  and  every  in- 
corporated city  shall  be  entitled  to  send  two  representatives; 
also  that  the  Senate  shall  be  composed  of  thirty-six  members. 
The  resolution  was  referred  to  the  committee  of  the  whole. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  93 

Convention  Kesolution  Xo.  143.  Mr.  Northrop  of  ]S!'ew- 
town  (bv  request)  introduced  a  resolution  providing  that  towns 
of  less  than  two  thousand  shall  have  one  representative,  towns 
of  more  than  two  thousand  two,  and  one  additional  for  each 
fifteen  thousand  in  excess  of  two  thousand,  and  that  the  Sen- 
ate shall  consist  of  not  less  than  thirty-six  nor  more  than 
sixty  members. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  N^o.  144.  Mr.  Davenport  of 
Bridgeport  introduced  a  resolution  from  the  Electrical  Work- 
ers in  BridgejDort  providing  that  eight  hours  shall  constitute 
a  legal  day's  work. 

The  resolution  was  tabled. 

Convention  Ecsolution  'No.  145.  Mr.  Osborn  of  J^ew 
Haven  introduced  a  resolution  from  eieiitv-eififht  officers  and 
four  hundred  and  ninety  members  of  the  Woman's  Christian 
Temperance  Union,  providing  for  the  omission  of  the  word 
"  male  "  in  Article  six.  Section  two,  of  the  Present  Constitu- 
tion. 

The  resolution  was  tabled. 

Mr.  Sumner  of  Bolton  moved  that  the  Convention  go  into 
committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  12.52  o'clock 
P.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE   WHOLE. 

The  Committee  was  called  to  order  at  12.53  o'clock  P.  M., 
Chairman  Perry  in  the  Chair. 

The  general  question  of  representation  was  discussed  by 
Mr.  Northrop  of  Newtown. 

[Mr.  Clark  of  Hartford  in  the  Chair.] 

The  general  question  of  representation  was  further  dis- 
cussed by  Messrs.  Willard  of  Wethersfield  and  Waller  of 
New  London. 


94  JOURNAL   OF    THE    COXSTITUTIOXAL    CONVE]S"nOX. 

[Mr.  Osborn  of  ISTew  Haven  in  the  Chair.] 

The  general  qnestion  of  representation  was  further  dis- 
cussed by  Messrs.  Waller  of  ISTew  London,  Beach  of  iSTew  Mil- 
ford,  Hubbard  of  Durham,  Hale  of  Portland,  Davenport  of 
Bridgeport,  AYaller  of  Xew  London,  Pelton  of  Clinton, 
Woodward  of  ISTorwalk,  Warner  of  Salisbury,  Brown  of  !N^or- 
wich,  and  Brinsmade  of  Washington. 

Mr.  Clark  of  Haddam,  at  3.55  P.  M.,  moved  that  the  com- 
mittee of  the  whole  rise,  report  progress,  and  ask  leave  to 
sit  again. 

The  motion  prevailed. 


Tuesday  afternoon,  February  4,  1902. 

The  Convention  was  called  to  order  at  3.5G  o'clock  P.  M., 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen,  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

On  motion  of  Mr.  Clark  of  Haddam,  the  Convention,  at 
3.57  o'clock  P.  M.,  adjourned,  to  meet  on  Wednesday,  at  11 
o'clock  A.  M. 


JOURNAL   OF    THE    CO^^STITL'TIONAL    CONVEKTION.  95 


AVednesday,  February  5,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  ^I., 
the  President  in  the  Chair, 

Prayer  was  offered  by  the  Chaplain,  Eev.  Charles  H.  Smith 
of  Plymouth. 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  Xo.  146.  Mr.  Charter  of  Elling- 
ton introduced  a  resolution  providing  for  a  general  caucus 
composed  of  three  delegates  from  each  county  to  prepare  and 
submit  to  the  committee  of  the  whole  a  substitute  for  Article 
Third  of  the  Constitution. 

On  motion  of  Mr.  Davenport  of  Bridgeport,  the  resolution 
was  tabled. 

Convention  Eesolution  'No.  147.  Mr.  Clark  of  Haddam 
introduced  a  resolution  providing  that  the  number  of  repre- 
sentatives shall  remain  the  same  as  at  present  practiced. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Eesolution  Xo.  148.  Mr.  Waller  of  Xew 
London  introduced  a  resolution  of  the  Mayors'  Association  of 
Connecticut  recommending  a  constitutional  provision  that  the 
General  Assembly  shall  not  enact  any  law  which  shall  limit 
or  impair  the  right  of  municipalities  to  engage  in  supplying 
water,  gas,  or  electricity. 

The  resolution  was  tabled. 

Convention  Eesolution  Xo.  149.  Mr.  Waller  of  Xew 
London  introduced  a  resolution  of  the  Mayors'  Association  of 
Connecticut  requesting  the  Convention  to  enact  provisions 
securing  uniformity  in  charters  of  the  cities  of  the  State. 

The  resolution  was  tabled. 

Mr.  Davenport  of  Bridgeport  moved  that  the  Convention 
go  into  committee  of  the  whole. 


96  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

The  motion  prevailed,  and  the  Convention,  at  11.09  o'clock 
A.  M.,  went  into  committee  of  the  whole. 

COMMITTEE   OF   THE   WHOLE. 

The  Committee  was  called  to  order  at  11.10  o'clock  A.  M., 
Chairman  Perry  in  the  Chair. 

The  general  question  of  representation  was  discussed  by 
Mr.  Coe  of  Cromwell. 

Mr.  Warner  of  Salisbury  introduced  a  motion  providing 
that  on  Tuesday,  February  11th,  at  2  o'clock  P.  M.,  a  vote 
be  taken  in  the  committee  on  File  l:so.  7,  providing  for 
equality  of  representation. 

The  motion  was  discussed  by  Mr.  Warner  of  Salisbury. 

Mr.  Davenport  of  Bridgeport  introduced  a  substitute  mo- 
tion raising  a  committee  of  twenty-four  to  be  appointed  to 
consider  and  report  such  a  plan  as  in  the  judgment  of  at  least 
two-thirds  of  their  number  will  be  the  best  solution  of  the 
question  of  representation. 

The  motion  was  discussed  by  Mr.  Hotchkiss  of  Prospect. 

Mr.  Loomis  of  Glastonbury  raised  the  point  of  order  that  a 
committee  of  the  whole  could  not  appoint  sub-committees. 

The  chairman  ruled  that  the  point  of  order  was  well  taken. 

Mr.  Davenport  of  Bridgeport  appealed  from  the  decision 
of  the  chair. 

On  appeal,  the  decision  of  the  Chair  was  sustained. 

[Chairman  Waller  in  the  Chair.] 

Mr.  Vance  of  J^ew  Britain  moved  to  amend  by  Schedule 
"  A." 

Mr.  Warner  of  Salisbury  raised  the  point  of  order  that  the 
amendment  was  out  of  order  because  no  action  of  the  commit- 
tee of  the  whole  could  bind  the  Convention. 

The  Chair  ruled  that  the  point  of  order  was  well  taken. 

Mr.  Brown  of  ISI^orwich  moved  to  amend  by  Schedule  "  B." 

The  motion  was  discussed  by  Messrs.  Brown  of  ]Srorwich, 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  97 

Hall  of  Williiigton,  Waller  of  New  London,  Davenport  of 
Bridgeport,  J\Ierritt  of  Stamford,  Phelps  of  Vernon,  Perry  of 
Fairfield,  and  Korthrop  of  Newtown. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Schedule 

Mr.  Hall  of  Willington  raised  the  point  of  order  that  the 
amendment  not  being  germane  to  the  subject  matter  of  the 
motion,  was  out  of  order. 

The  Chair  ruled  that  the  point  of  order  was  not  well  taken, 
as  the  amendment  in  effect  was  a  different  method  of  arriving 
at  the  same  result  as  the  motion  sought  to  be  amended,  and 
the  amendment  was  therefore  germane  to  the  original  motion. 

Mr.  Clark  of  Haddam  moved  to  amend  by  Schedule  "  D." 

The  Chair  ruled  that  the  amendment  was  not  in  order  at 
this  time. 

The  motion  to  amend  by  Schedule  "  C  "  was  discussed  by 
Messrs.  Davenport  of  Bridgeport,  Merritt  of  Stamford,  Guil- 
foile  of  Waterbury,  Clark  of  Haddam,  and  Whittlesey  of 
Morris. 

The  motion  to  amend  by  Schedule  "  C  "  did  not  prevail. 

The  motion  to  amend  by  Schedule  "  B  "  did  not  prevail. 

[Chairman  Perry  in  the  Chair.] 

The  motion  was  then  passed. 

Following  is  the  motion  : 
Pesolved  by  the  committee  of  the  whole : 

That  a  vote  upon  resolution  File  No.  7,  providing  for 
equality  of  town  representation,  be  taken  on  Tuesday,  the 
11th  day  of  February,  1902,  at  two  o'clock  in  the  afternoon. 

[Mr.  Sperry  of  South  Windsor  in  the  Chair.] 

The  general  subject  of  representation  was  further  discussed 
by  Mr.  Ford  of  North  Branford. 

Mr.  Merritt  of  Stamford,  at  12.40  o'clock  P.  M.,  moved 
that  the  committee  take  a  recess  until  2  o'clock  P.  M. 
c.  c— 7 


98  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Mr.  Wakeman  of  Westport  moved  to  amend  by  makiiisj  the 
hour  to  which  recess  be  taken  1.30  o'clock  P.  M. 
The  amendment  did  not  prevaiL 
The  motion  to  take  a  recess  nntil  2  o'clock  P.  M.  prevailed. 


Wednesday  afternoon,  February  5,  1902. 
COMMITTEE    OF    THE    WHOLE. 

The  Committee  was  called  to  order  at  2  o'clock  P.  M., 
Chairman  Perry  in  the  Chair. 

The  general  snbject  of  representation  was  discussed  by  Mr. 
Merritt  of  Stamford. 

[Mr.  Woodward  of  Xorwalk  in  the  Chair.] 

The  general  subject  of  representation  was  further  discussed 
by  Messrs.  Bryant  of  Orange,  Brinsmade  of  Washington, 
Dempsey  of  Danbury,  Davenport  of  Bridgeport,  Chandler  of 
Thompson,  and  Waller  of  l^ew  London. 

[Chairman  Perry  in  the  Chair.] 

The  general  question  of  representation  was  further  dis- 
cussed by  Messrs.  Hall  of  West  Hartford,  Davenport  of 
Bridgeport,  and  Waller  of  Xew  London. 

Mr.  Clark  of  Haddam,  at  3.57  o'clock  P.  M.,  moved  that 
the  committee  rise,  report  progress,  and  ask  leave  to  sit  again. 

The  motion  prevailed. 


Wednesday  afternoon,  February  5,  1902. 
The  Convention  was  called  to  order  at  3.58  o'clock  P.  M., 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 


JOUENAL    OF   THE    CONSTITUTIONAL    CONVENTION.  99 

the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen,  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  reiDort  was  accepted,  and  the  request  granted. 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  Xo.  150.  Mr.  Holcomb  of  South- 
ington  introduced  a  resolution  providing  for  one  representa- 
tive from  each  town,  two  representatives  from  each  town  of 
fifteen  thousand  population,  and  for  a  Senate  of  sixty. 

The  resolution  was  refen'ed  to  the  committee  of  the  w^hole. 

Convention  Eesolution  Xo.  151.  Mr.  Clark  of  Haddam 
introduced  a  resolution  providing  that  every  town  shall  be  en- 
titled to  at  least  one  representative. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

On  motion  of  Mr.  Middleton  of  East  Windsor,  the  Conven- 
tion, at  3.59  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday, 
at  11  o'clock  A.  M. 


100 


JOURXAL    OF    THE    CONSTITUTIONAL    COXVEXTION. 


Tkursdaj,  February  6,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  William  Martin 
Brown  of  Bloomiield. 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  No.  152.  Mr.  Clark  of  Hartford 
(by  request)  introduced  a  resolution  of  Central  Labor  Union 
of  Hartford  in  favor  of  one  Representative  to  each  towii,  and 
one  additional  for  each  ten  thousand  of  population  in  any 
town. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  No.  153.  Mr.  Clark  of  Hartford 
(by  request)  introduced  a  resolution  providing  that  towns  of 
less  than  five  thousand  shall  have  one  representative  each, 
towns  of  five  thousand  to  ten  thousand,  two;  ten  thousand  to 
twenty  thousand,  three;  twenty  thousand  to  forty  thousand, 
four;  forty  thousand  to  eighty  thousand,  five;  eighty  thousand 
to  one  hundred  and  sixty  thousand,  six. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  No.  154.  Mr.  Groesbeck  of  Chap- 
lin introduced  a  resolution  providing  for  two  Representatives 
from  each  town,  and  a  Senate  of  forty-five  members  elected  at 
large. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  No.  155.  Mr.  Woodward  of  Beth- 
any (by  request)  introduced  a  resolution  concerning  the  trans- 
fer of  electors  removing  from  one  town  to  another. 

The  resolution  was  tabled. 

Mr.  Davenport  of  Bridgeport  moved  that  the  Convention 
go  into  committee  of  the  whole. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  101 

The  motion  prevailed,  and  the  Convention,  at  11.11  o'clock 
A.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE    WHOLE. 

The  Committee  was  called  to  order  at  11.12  o'clock  A.  M., 
Chairman  Perry  in  the  Chair. 

The  general  question  of  representation  was  discussed  by 
Mr.  Chandler  of  Thompson. 

[Mr,  Bowen  of  Woodstock  in  the  Chair.] 

The  general  question  of  representation  was  further  dis- 
cussed by  Messrs.  Clark  of  Hartford,  Brown  of  ISTorwich, 
Etheridge  of  Thomaston,  Waller  of  ]^ew  London,  Osborn  of 
New  Haven,  and  Smith  of  Winchester. 

Mr.  N'orthrop  of  Xewtown,  at  1.03  o'clock  P.  M.,  moved 
that  the  committee  take  a  recess  until  2  o'clock  P.  M. 

The  motion  prevailed. 


Thursday  afternoon,  February  6,  1902. 

The  Committee  was  called  to  order  at  2  o'clock  P.  M., 
Chairman  Perry  in  the  Chair. 

The  general  subject  of  representation  was  discussed  by  Mr. 
Smith  of  Winchester. 

[Mr.  Cheney  of  Manchester  in  the  Chair.] 

The  general  question  of  representation  was  further  dis- 
cussed by  Messrs.  Smith  of  Winchester,  Warner  of  Salisbury, 
and  Hotchkiss  of  Prospect. 

Mr.  Waller  of  is'ew  London,  at  3.32  P.  M.,  moved  that  the 
committee  of  the  whole  rise,  report  progress,  and  ask  leave  to 
sit  again. 

The  motion  prevailed. 


102  JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION. 


Thursday  afternoon,  Febrnary  6,  1902. 

The  Convention  was  called  to  order  at  3.33  o'clock  P.  ]\I., 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen,  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,   and  the  request  granted. 

CONVENTION    RESOLUTION. 

C*onvention  Resolution  ^o.  156.  Mr.  Woodward  of  Xor- 
walk  introduced  a  substitute  resolution  for  Convention  Peso- 
lution  No.  37,  providing  that  the  town  is  and  ought  to  forever 
remain  the  basis  of  representation  in  the  House  of  Pepre- 
sentatives,  and  that  every  town  ought  to  have  always  one 

representative,  but  to'wns  having  a  population  of 

and  upwards  ought  to  be  allowed  such  additional  number  of 
representatives  as  are  reasonably  necessary  to  attend  to  their 
business  in  the  General  Assembly. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Mr.  Loomis  of  Glastonbury  moved  that  the  Convention 
adjourn  to  meet  on  Tuesday  at  12.30  o'clock  P.  M. 

Mr.  Osborne  of  ISTew  Haven  moved  to  change  the  hour  to 
2.30  o'clock  P.  M. 

The  motion  to  amend  was  discussed  by  Messrs.  "Waller  of 
'New  London,  Osborn  of  jSTew  Haven,  Warner  of  Salisbury, 
Maltbie  of  Granby,  and  Smith  of  Plymouth. 

By  unanimous  consent,  Mr.  Osborn  of  New  Haven  with- 
drew his  amendment. 

The  motion  to  adjourn  prevailed,  and  the  Convention,  at 
3.40  o'clock  P.  M.,  adjourned  to  meet  on  Tuesday,  at  12.30 
o'clock  P.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  103 


Tuesday,  February  11,  1902. 

The  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  Charles  II.  Smith 
of  Plymouth. 

CONVENTION    RESOLUTIONS. 

Convention  Eesolution  iS'o.  157.  Mr.  Waller  of  New  Lon- 
don introduced  a  resolution  providing  that  all  articles  or  sec- 
tions of  the  Constitution  recommended  by  the  Convention  to 
the  people  for  adoption  be  so  arranged  and  submitted  that 
the  people  may  reject  or  approve  any  one  or  all  of  said  articles 
or  sections,  and  that  it  shall  be  provided  in  said  submission 
that  tlie  Constitution  as  it  is  shall  be  abrogated  only  so  far 
as  it  may  be  inconsistent  with  the  Constitution  recommended 
by  the  Convention  and  adopted  by  the  people. 

The  resolution  was  tabled. 

Convention  Resolution  No.  158.  Mr.  Northrop  of  New^- 
town  (by  request)  introduced  a  resolution  providing  for  repre- 
sentation based  on  the  number  of  votes  cast  in  each  town  at 
the  preceding  State  election,  towms  casting  less  than  five  hun- 
dred votes  to  have  one  representative,  five  hundred  to  fifteen 
hundred  two,  and  one  additional  for  every  additional  five 
thousand  votes  or  fraction  thereof. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Eesolution  No.  159.  Mr.  Coe  of  Cromwell 
(by  request)  introduced  a  resolution  providing  for  one  Sena- 
tor to  each  fifteen  thousand  population,  but  not  less  than  two 
Senators  to  each  county,  and  one  representative  to  each  town, 
and  one  additional  for  each  fifteen  thousand  population  over 
fifteen  thousand. 

The  resolution  was  referred  to  the  committee  of  the  whole. 


104 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Convention  Eesolution  Xo.  160.  Mr.  Davenport  of 
Bridgeport  introdnced  a  resolntion  providing  that  every  pub- 
lic officer  who  shall  ask  or  accept  any  free  pass,  transporta- 
tion, franking  privilege,  or  discrimination  in  passenger,  tele- 
graph, or  telephone  rates,  or  any  corporation  or  agent  thereof 
offering  such  privilege,  shall  be  gnilty  of  a  misdemeanor,  and 
snch  officer  shall  be  subject  to  forfeiture  of  his  office. 

The  resolution  was  tabled. 

Mr.  Stevens  of  East  Haven  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  12.43  o'clock 
P.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE    WHOLE. 

The  committee  was  called  to  order  at  12.44  o'clock  P.  M., 
Chairman  Perry  in  the  chair. 

The  general  question  of  representation  was  discussed  by 
Messrs.  ISTettleton  of  Killingworth  and  Walsh  of  Ansonia. 

[Mr.  Mead  of  :N'ew  Canaan  in  the  Chair.] 
The  general  question  of  representation  was  further  dis- 
cussed by  Messrs.  Walsh  of  Ansonia,  Milner  of  Plainfield, 
and  Maltbie  of  Granby. 

[Chairman  Perry  in  the  Chair.] 

The  general  question  of  representation  was  further  dis- 
cussed by  Messrs.  Maltbie  of  Granby  and  Davenport  of 
Bridgeport. 

OEDER  OF  THE  DAY  FOR  TUESDAY,  FEBRUARY 
11th,  AT  2  O'CLOCK  P.  M. 

Convention  Resolution  Xo.  37.  (See  Convention  Journal, 
January  8th.)  Resolution  providing  for  equal  town  repre- 
sentation was  taken  from  the  table,  on  motion  of  Mr.  Loomis 
of  Glastonbury. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  105 

Mr.  Osborn  of  Xew  Haven  moved  that  the  clerk  proceed 
to  call  the  roll  of  the  members  of  the  Convention. 

Mr.  Warner  of  Salisbury  objected  to  the  motion,  and  the 
Chair  sustained  the  objection. 

Mr.  Woodward  of  Norwalk  moved  to  amend  by  substitut- 
ing Convention  Resolution  ISTo.  156,  for  the  pending 
resolution. 

Mr.  Waller  of  Xew  London  moved  to  amend  by  Schedule 

The  motion  to  amend  was  discussed  by  Mr.  Waller  of  I^ew 
London. 

Mr.  Warner  of  Salisbury  raised  the  point  of  order  that  the 
motion  to  substitute  or  to  amend  was  not  debatable. 

The  Chair  ruled  that  the  point  of  order  was  not  well  taken. 

Mr.  Ilolcomb  of  Southington  moved  to  amend  by  Schedule 

Mr.  Waller  of  oSTew  London  raised  the  point  of  order  that 
if  the  amendment  proposed  to  amend  an  amendment,  that  it 
could  not  be  considered  at  this  time,  because  there  were  tw^o 
pending  amendments. 

The  Chair  ruled  that  the  point  of  order  was  well  taken. 

Mr.  Stevens  of  East  Haven  raised  the  point  of  order  that 
the  committee  of  the  whole  cannot  originate  resolutions,  but 
can  only  act  on  those  which  have  been  referred  to  it. 

The  Chair  ruled  that  the  point  of  order  was  not  w^ell  taken. 

The  motion  to  amend  by  Schedule  "  A  "  was  then  dis- 
cussed by  Messrs.  Waller  of  N^ew  London,  Webb  of  Hamden, 
Loomis  of  Glastonbury,  Warner  of  Salisbury,  N^orthrop  of 
Newtown,  Guilfoile  of  Waterbury,  Smith  of  AVinchester, 
Hall  of  Willington,  and  Clark  of  Haddam. 

By  unanimous  consent,  Mr.  Waller  of  New  London  with- 
drew his  motion  to  amend. 
'    The  motion  to  amend  by  Schedule  "  A  "  did  not  prevail. 

Mr.  Merritt  of  Stamford  moved  to  amend  by  Schedule 
"  D." 


106  JOUKXAL    OF    THE    COXSTITUTIOXAL    COXVEXTIOX. 

Tlie  motion  to  amend  was  discussed  by  Messrs.  Daven[)oi't 
of  Bridgeport  and  Warner  of  Salisbury. 

The  motion  to  amend  did  not  prevail. 

Mr.  Milner  of  Plainfield  moved  to  amend  bv  Schedule 
"  E." 

Mr.  Waller  of  jSTew  London  raised  the  point  of  order  that 
the  amendment  was  out  of  order,  because  it  was  not  germane 
to  the  resolution  sought  to  be  amended. 

The  Chair  ruled  the  point  of  order  not  well  taken,  as  cer- 
tain parts  of  the  amendment  did  relate  to  the  subject  matter 
of  the  resolution  sought  to  be  amended. 

The  motion  to  amend  did  not  prevail. 

Mr.  Clark  of  Haddam  moved  to  amend  by  Schedule  "  F." 

The  motion  to  amend  was  discussed  by  Messrs.  Clark  of 
Haddam,  Hale  of  Portland,  and  Smith  of  Winchester. 

The  motion  to  amend  did  not  prevail. 

Mr.  Brown  of  Xorwich  moved  to  amend  Schedule  "  D," 
by  inserting  in  the  twelfth  line  of  said  amendment  between 
the  words  "  shall  "  and  "  be  "  the  word  "  not,"  and  by  insert- 
ing in  the  fourteenth  line  of  said  amendment  between  the 
words   "  may  "   and   '*  practically  "    the   word   "  not." 

Mr.  Merritt  of  Stamford  accepted  the  amendment  to  his 
amendment,  as  proposed  by  Mr.  Brown  of  IS'orwich. 

The  motion  to  amend  by  Schedule  "  D  "  was  then  discussed 
by  Messrs.  Huntington  of  Old  Lyme  and  Clark  of  Haddam. 

The  motion  to  amend  did  not  prevail. 

Mr.  Webb  of  Hamden  moved  to  amend  by  Schedule  "  G." 

The  motion  was  discussed  by  Mr.  Webb  of  Hamden. 

The  motion  did  not  prevail. 

Mr.  Holcomb  of  Southington  renewed  his  motion  to  amend 
by  Schedule  "  C." 

The  motion  was  discussed  by  Messrs.  Smith  of  Winchester, 
Warner  of  Salisbury,  Holcomb  of  Southington,  and  Griswold 
of  Guilford. 


JOURNAL    or    THE    CONSTITUTIONAL    CONVENTION. 


107 


Mr.  Loomis  of  Glastonbury  moved  to  amend  by  Schedule 
"  H." 

The  motion  was  discussed  by  Messrs.  Hall  of  West  Hart- 
ford, Bowen  of  Woodstock,  Webb  of  Hamden,  Smith  of  Win- 
chester, Brown  of  Xorwich,  and  Clark  of  Haddam. 

The  motion  to  amend  by  Schedule  "  H  "  did  not  prevail. 

The  motion  to  amend  by  Schedule  "  C  "  did  not  prevail. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Sched- 
ule "  I." 

The  motion  was  discussed  by  Messrs.  Davenport  of  Bridge- 
port and  Milner  of  Plainfield. 

The  motion  to  amend  did  not  prevail. 

Mr.  Webb  of  Hainden  moved  to  amend  by  Schedule  "  J." 

The  motion  was  discussed  by  Messrs.  Webb  of  Hamden  and 
Hotchkiss  of  Prospect. 

The  motion  to  amend  did  not  prevail. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Sched- 
ule "  K." 

The  motion  was  discussed  by  Mr.  Whittlesey  of  Morris. 

The  motion  to  amend  did  not  prevail. 

Mr.  Osborn  of  Xew  Haven  moved  to  amend  by  Sched- 
ule "L." 

The  motion  to  amend  did  not  prevail. 

The  resolution  was  then  passed. 

Mr.  Smith  of  Plymouth,  at  3.52  o'clock  P.  M.,  moved  that 
the  committee  of  the  whole  rise,  report  progress,  and  ask  leave 
to  sit  again. 

The  motion  prevailed. 


Tuesday  afternoon,  Pebruary  11,  1902. 

The  Convention  was  called  to  order  at  3.53  o'clock  P.  M., 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 


108 


JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION. 


and  risen,  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

Mr.  Warner  of  Salisbury  inquired  if  a  report  of  the  action 
of  the  committee  of  the  whole  on  the  matter  before  it  should 
not  be  made  by  the  chairman  to  the  Convention. 

Chairman  Perry  explained  that  he  had  made  the  only  re- 
port which  he  had  been  instructed  to  make  by  vote  of  the 
committee. 

Mr.  Northrop  of  Middletown  moved  that  the  Convention 
again  go  into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  3.55  o'clock 
P.  M.,  went  into  committee  of  the  whole, 

COMMITTEE    OF    THE    WHOLE. 

The  Committee  was  called  to  order  at  3.56  o'clock  P.  M., 
Chairman  Perry  in  the  Chair. 

Mr.  Warner  of  Salisbury  moved  that  the  chairman  be  in- 
structed to  report  to  the  Convention  the  action  of  the  com- 
mittee on  Convention  Resolution  ]^o.  37. 

Mr.  Maltbie  of  Granby  moved  as  an  amendment  that  Con- 
vention Resolution  Xo.  37  be  reported  to  the  Convention  by 
the  chairman  with  the  recommendation  that  it  be  adopted  by 
the  Convention. 

Mr.  Warner  of  Salisbury  accepted  the  amendment. 

The  motion  as  amended  prevailed. 

Mr.  Warner  of  Salisbury,  at  3.58  o'clock  P.  M.,  moved 
that  the  committee  of  the  whole  rise,  report  progress,  and  ask 
leave  to  sit  again. 

The  motion  prevailed. 


Tuesday  afternoon,  February  11,  1902. 

The  Convention  was  called  to  order  at  3.59  o'clock  P.  M., 
the  President  in  the  Chair. 


JOUE^TAL    OF    THE    CONSTITUTIONAL    CONVENTION.  109 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to 
it,  and  risen,  after  instructing  him  to  report  progress,  and 
ask  leave  to  sit  again,  and  that  he  would  report  the  action 
taken  bv  the  committee  on  the  matter  pending  before  it,  at 
such  time  as  the  Convention  should  direct. 

The  report  was  accepted,  and  the  request  granted. 

Mr.  Maltbie  of  Granby  moved  that  the  report  of  the  action 
of  the  committee  be  received  at  once. 

The  motion  prevailed. 

Chairman  Perrv  then  reported  that  Convention  Resolution 
Xo.  37  had  been  favorably  acted  on  by  the  committee  of  the 
whole,  and  that  the  committee  recommended  that  it  be  adopted 
by  the  Convention. 

Mr.  Loomis  of  Glastonbury  moved  that  the  Convention 
take  a  vote  on  the  report  of  the  committee  of  the  whole  on 
Convention  Eesolution  Xo.  37,  on  "Wednesday,  February 
12th,  at  11.30  o'clock  A.  M. 

The  motion  was  discussed  by  Mr.  "Warner  of  Salisbury. 

By  unanimous  consent  Mr.  Loomis  of  Glastonbury  with- 
drew his  motion. 

Mr.  Warner  of  Salisbury  moved  that  the  report  of  the 
committee  of  the  whole  on  Convention  Eesolution  Xo.  37  be 
tabled. 

The  motion  prevailed. 

On  motion  of  Mr.  Clark  of  Haddam,  the  Convention,  at 
4.01  o'clock  P.  M.,  adjourned,  to  meet  on  Wednesday,  at  11 
o'clock  A.  M. 


110  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Wednesday,  February  12,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  William  Martin 
Brown  of  Bloomfield. 

Mr.  Perry  of  Fairfield  stated  that  while  the  Journal  of  the 
Convention  of  February  11th  correctly  reported  the  action 
of  the  committee  of  the  Avhole  respecting  the  report  on  Con- 
vention Eesolution  ISTo.  37  to  the  Convention,  and  the  report 
made  in  pursuance  of  such  action,  he  asked  the  unanimous 
consent  that  the  Journal  be  corrected  by  striking  out  all  after 
the  word  "  chairman "  in  the  motion  of  Mr.  iMaltbie  of 
Granby  on  page  108  of  the  Journal,  and  inserting  in  lieu 
thereof  the  words  "  with  the  recommendation  that  it  be 
adopted  by  the  committee,"  and  by  striking  out  all  after  the 
word  "  whole  "  in  the  report  of  the  chairman  on  page  109, 
and  inserting  in  lieu  thereof  "  and  that  the  committee  recom- 
mend that  it  be  adopted  by  the  Convention." 

By  unanimous  consent  the  correction  was  ordered. 

Mr.  Loomis  of  Glastonbury  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  11.09  o'clock 
A.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE    WHOLE. 

The  committee  was  called  to  order  at  11.10  o'clock  A.  M., 
Chairman  Perry  in  the  Chair. 

Mr.  Warner  of  Salisbury  introduced  a  resolution  providing 
"  that  the  House  of  Representatives  shall  consist  of  only  one 
representative  from  each  town." 

Mr.  Griswold  of  Guilford  moved  to  amend  by  substituting 
the  word  "  two  "  for  the  word  "  one,"  and  the  word  "  repre- 
sentatives "  for  the  word  "  representative." 


JOUKXAL    OF    THE    CONSTITUTIONAL    CONVENTIOX. 


Ill 


The  amendment  was  discussed  by  Messrs.  Griswold  of 
Guilford,  Chandler  of  Thompson,  and  Osborn  of  iSTew  Haven. 

Mr.  Osborn  of  New  Haven  moved  to  amend  the  amendment 
by  substituting  for  the  motion  Convention  Resolution  Xo. 
32  (see  Convention  Journal,  January  8th). 

Mr.  Loomis  of  Glastonbury  raised  the  point  of  order  that 
the  resolution  which  was  sought  to  be  substituted  by  Mr.  Os- 
born had  already  been  acted  on  in  the  committee  and  was  now 
out  of  order. 

The  Chairman  ruled  that  while  the  subject  matter  con- 
tained in  the  proposed  amendment  had  been  acted  on  by  the 
committee  in  another  connection,  it  was  now  offered  as  an 
amendment  to  a  different  proposition  from  that  which  it  was 
sought  to  amend  by  it  before,  and  Avas  therefore  in  order. 

Mr.  Smith  of  Plymouth  raised  the  point  of  order  that  the 
committee  having  already  passed  a  resolution  in  favor  of 
equal  representation,  the  amendment  proposed,  providing  for 
representation  according  to  population,  was  not  in  order. 

The  Chairman  ruled  that  while  the  committee  had  voted 
in  favor  of  equal  representation  it  had  also  voted  against 
amendments  providing  for  one  and  for  two  representative? 
from  each  town,  and  the  vote  in  favor  of  "  equal  "  repre- 
sentation might  therefore,  so  far  as  now  appeared,  mean 
equality  according  to  population;  the  amendment  proposed, 
inasmuch  as  it  tends  toward  equality  according  to  population, 
was  therefore  not  necessarily  inconsistent  with  the  previous 
action  and  consequently  in  order. 

Mr.  Loomis  of  Glastonbury  appealed  from  the  ruling  of 
the  Chairman. 

Under  privilege  granted  by  the  Chairman,  the  appeal  was 
discussed  by  Messrs.  Brown  of  ISTorwich,  Clark  of  Haddam, 
Gillette  of  Burlington,  and  Clark  of  Hartford. 

By  unanimous  consent  Mr.  Osborn  of  E'ew  Haven  withdrew 
his  amendment,  and  the  appeal  Avas  accordingly  not  acted 
upon. 


112  JOURNAL    OF    THE    CONSTITUTIONAL    CON\'ENTION. 

The  amendment  offered  by  Mr.  Griswold  of  Guilford  was 
discussed  by  Messrs.  Davenport  of  Bridgeport,  Milner  of 
Plainfield,  Bartlett  of  Simsbury,  Pelton  of  Clinton,  Clark  of 
Haddam,  Vance  of  N^ew  Britain,  and  Bowen  of  Woodstock. 

The  amendment  did  not  prevail. 

The  resolution  was  then  passed. 

Mr.  AValler  of  I^ew  London  introduced  a  resolution  provid- 
ing that  the  Senate  shall  consist  of members,  who  shall 

be  allotted  to  districts  composed  of  contiguous  territory  and 
of  equal  population  as  nearly  as  the  same  can  be  determined. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  substitut- 
ing for  the  motion  Convention  Resolution  No.  136  (see  Con- 
vention Journal,  February  4th). 

The  amendment  was  discussed  by  Messrs.  Woodward  of 
Norwalk,  Davenport  of  Bridgeport,  and  Waller  of  New 
London. 

Mr.  Osborn  of  New  Haven,  at  1.05  o'clock  P.  M.,  moved 
that  the  committee  of  the  whole  take  a  recess  until  2.15 
o'clock  P.  M. 

The  motion  prevailed. 


Wednesday  afternoon,  February  12,  1902. 

COMMITTEE    OF    THE    WHOLE. 

The  committee  was  called  to  order  at  2.15  o'clock  P.  M.,  the 
Chairman  in  the  Chair. 

The  amendment  offered  by  Mr.  Davenport  of  Bridgeport 
was  further  discussed  by  Messrs.  Waller  of  New  London  and 
Clark  of  Haddam. 

The  amendment  did  not  prevail. 

Mr.  Waller  of  New  London  moved  to  fill  the  blank  in  the 
resolution  offered  by  him  by  inserting  the  figures  "  84." 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  11 3 

The  Chairman  ruled  that  a  motion  to  fill  a  blank  in  a  reso- 
lution was  not  in  order  until  after  the  resolution  containing 
the  blank  had  been  passed. 

Mr.  Waller  of  'New  London  moved  to  amend  the  resolution 
by  inserting  the  figures  "  84  "  after  the  words  "  shall  consist 
of." 

The  amendment  was  discussed  by  Messrs.  Collins  of  Colum- 
bia and  Brown  of  E'orwich. 

Mr.  Warner  of  Salisbury  offered  a  substitute  for  the  resolu- 
tion of  Mr.  Waller  of  New  London  as  an  amendment  thereto. 

The  amendment  was  discussed  by  Messrs.  Warner  of  Salis- 
bury, Waller  of  ISTew  London,  Brown  of  Norwich,  and  Daven- 
port of  Bridgeport. 

By  unanimous  consent  Mr.  Waller  of  New  London  with- 
drew his  resolution,  and  the  withdrawal  carried  with  it  the 
amendment  proposed. 

Mr.  Warner  of  Salisbury  introduced  a  resolution  providing 
"  That  we  are  in  favor  of  a  Senate  based  upon  population, 
located  in  contiguous  territory,  elected  by  districts,  provided 
that  no  town  shall  be  divided  except  for  the  purpose  of  form- 
ing more  than  one  district  within  said  town." 

Mr.  Waller  of  New  London  moved  to  amend  by  adding  to 
the  resolution  the  words  "  and  that  said  Senate  consist  of 
eighty-four  members." 

The  amendment  was  discussed  by  Messrs.  Warner  of  Salis- 
bury and  Davenport  of  Bridgeport. 

Mr.  Milner  of  Plainfield  moved  to  amend  the  amendment 
by  inserting  the  figures  "  36  "  in  lieu  of  the  figures  "  84." 

The  Chairman  stated  that  the  amendment  offered  by  Mr. 
Waller  would  be  first  put,  as  it  contained  the  largest  number. 

Mr.  Waller  of  New  London  raised  the  point  of  order  that 
the  proposed  amendment  to  the  amendment  should  be  first  put. 

The  Chairman  ruled  that  in  principle  there  was  no  differ- 
ence between  a  motion  made  to  fill  a  blank  with  a  number  and 


c.  c. 


114  JOUKXAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

an  amendment  containing  a  number,  and  that  the  largest  num- 
ber should  be  put  first  in  taking  the  sense  of  the  committee. 

The  amendment  offered  bj  Mr.  Waller  of  New  London 
did  not  prevail. 

Mr.  AValler  of  New  London  moved  to  amend  by  inserting 
the  figures  "  80." 

The  Chairman  ruled  that  the  proposed  amendment  was  not 
in  order  until  the  amendment  offered  by  Mr.  Milner  of  Plain- 
field  had  been  acted  on. 

Mr.  Waller  of  New  London  moved  that  the  committee  rise. 

The  motion  did  not  prevail. 

The  amendment  offered  bj  Mr.  Milner  of  Plainfield  did 
not  prevail. 

Mr,  Waller  of  New  London  moved  that  the  committee  rise. 

The  motion  did  not  prevail. 

Mr.  Waller  of  New  London  moved  to  amend  by  inserting 
the  figures  "  80." 

The  amendment  was  discussed  by  Messrs.  Northrop  of 
Middletown,  Warner  of  Salisbury,  Bowen  of  Woodstock,  and 
Waller  of  New  London. 

By  unanimous  consent,  Mr.  Waller  of  New  London  with- 
drew his  proposed  amendment. 

Mr.  Merritt  of  Stamford  moved  to  amend  by  inserting  the 
words  "  or  county  "  after  the  word  "  town  "  in  the  resolution. 

The  amendment  did  not  prevail. 

The  resolution  was  then  passed. 

Mr.  Loomis  of  Glastonbury,  at  4.12  o'clock  P.  M.,  moved 
that  the  committee  rise,  and  that  the  Chairman  be  instructed 
to  report  progress  and  ask  leave  to  sit  again,  and  to  further  re- 
port the  resolutions  today  approved,  with  the  recommenda- 
tion that  they  be  adopted  by  the  Convention. 

The  motion  prevailed. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  115 


Wednesday  afternoon,  February  12,  1902. 
The  Convention  was  called  to  order  at  4.18  P.  M.,  the 
President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen,  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again,  and  that  he  would  report  the  action  taken 
by  the  committee  on  the  matter  pending  before  it,  at  such 
time  as  the  Convention  should  direct. 

The  report  was  accej)ted,  and  the  request  granted. 

Mr.  Loomis  of  Glastonbury  moved  that  the  report  of  the 
action  of  the  committee  be  received  at  once. 

The  motion  prevailed. 

Chairman  Perry  then  reported  that  he  had  been  instructed 
to  report  that  the  committee,  having  approved  the  following 
resolutions,  recommends  that  they  be  adopted  by  the  Con- 
vention : 
Eesolved  by  the  Committee  of  the  Whole : 

That  the  House  of  Representatives  shall  consist  of  only  one 
representative  from  each  town. 
Resolved  by  the  Committee  of  the  Whole : 

That  we  are  in  favor  of  a  Senate  based  upon  population, 
located  in  contiguous  territory,  elected  by  districts,  provided 
that  no  town  shall  be  divided  except  for  the  purpose  of  form- 
ing more  than  one  district  within  such  town. 

Mr.  Hall  of  West  Hartford  moved  that  the  report  be  tabled. 

The  motion  prevailed. 

On  motion  of  Mr.  Warner  of  Salisbury,  the  Convention, 
at  4.21  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday,  at  11 
o'clock  A.  M. 


116  JOUKNAL    OF    THE    COXSTITUTIOXAL    CONYEXTIOX. 


Thursday,  February  13,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  Charles  H. 
Smith  of  Plymouth. 

I\lr.  Davenport  of  Bridgeport  asked  leave  to  introduce  a 
resolution,  which  was  read. 

Mr.  Loomis  of  Glastonbury  moved  that  the  resolution  be 
not  received. 

The  motion  prevailed. 

Mr.  Warner  of  Salisbury  arose  to  a  question  of  personal 
privilege  regarding  certain  criticisms  in  the  Convention,  and 
in  a  newspaper,  of  conferences  held  by  the  delegates  from 
Litchfield  Count}^,  and  stated  that  since  the  delegates  were 
so  widely  scattered  they  could  not  confer  at  home,  and  claimed 
that  in  conferring  at  the  Capitol  concerning  their  duty  as 
delegates  they  were  within  their  rights  and  guilty  of  no 
impropriety. 

Mr.  Clark  of  Hartford  arose  to  a  question  of  personal 
privilege,  as  the  editor  of  the  newspaper  referred  to  by  Mr. 
Warner  of  Salisbury.  He  stated  that  though  he  was  a  dele- 
gate representing  80,000  people  he  had  received  no  invi- 
tation to  the  conferences,  reporters  of  his  paper  were  refused 
admission,  and  the  information  printed  was  obtained  from 
delegates  who  were  present.  If  he  had  reflected  on  Mr. 
Warner  of  Salisbury  he  regretted  any  discourtesy,  but  as  an 
editor  he  proposed  to  continue  to  print  the  news. 

Mr.  Bowen  of  Woodstock  made  a  personal  explanation  re- 
garding action  taken  at  the  conferences  referred  to. 

Mr.  Xorthrop  of  jSTewtown  moved  that  when  the  Con- 
vention adjourn  it  be  to  meet  on  Tuesday,  February  18, 
1902,  at  12.30  o'clock  P.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  117 

Mr.  Waller  of  Xew  London  moved  to  amend  bj  inserting 
February  25tli  in  place  of  Eebruary  18th. 

The  amen'dment  was  discussed  by  Messrs.  Waller  of  New 
London  and  Vance  of  Xew  Britain. 

The  amendment  did  not  prevail. 

The  motion  prevailed. 

Mr.  Beach  of  'New  Milford  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  11.52  o'clock 
A.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OP    THE    WHOLE.       ' 

The  committee  was  called  to  order  at  11.53  o'clock  A.  M., 
Chairman  Perry  in  the  Chair. 

Mr.  Loomis  of  Glastonbury  introduced  a  resolution  in 
favor  of  a  Senate  composed  of  not  less  than  sixty  nor  more 
than  seventy-two  members. 

The  resolution  did  not  prevail. 

Mr.  Hall  of  Willington  introduced  a  resolution  provid- 
ing that  it  is  the  sense  of  the  Committee  that  the  Senate  be 
com]30sed  of  not  less  than  forty-five  nor  more  than  sixty  mem- 
bers. 

Mr.  Waller  of  Xew  London  moved  to  amend  by  striking 
out  the  figures  "  45  "  and  "  60  "  and  inserting  in  lieu 
thereof  the  figures  "  72  "  and  "  84." 

Mr.  Milner  of  Plainfield  moved  an  amendment  to  the 
amendment  jDroviding  for  a  Senate  of  thirty-six  members. 

The  resolution  and  amendments  were  discussed  by  Messrs. 
Dempsey  of  Danbury,  Guilfoile  of  Waterbury,  Beach  of 
New  Milford,  Smith  of  Winchester,  Warner  of  Salisbury, 
Hall  of  Willington,  Brj^ant  of  Orange,  and  Hall  of  West 
Hartford. 

Mr.  Loomis  of  Glastonbury,  at  1  o'clock  P.  M.,  moved 
that  the  committee  of  the  whole  take  a  recess  until  2  o'clock 
P.M. 

The  motion  prevailed. 


118  JOURNAL   OF   THE    CONSTITUTIONAL   CONVENTION. 


Thursday  afternoon,  February  13,   1902. 

COMMITTEE    OF    THE    WHOLE. 

The  committee  was  called  to  order  at  2  o'clock  P.  M.,  the 
chairman  in  the  Chair. 

The  resolution  and  amendments  concerning  the  composi- 
tion of  the  Senate  were  further  discussed  by  Messrs.  Charter 
of  Ellington,  Brinsmade  of  Washington,  Hall  of  Willington, 
Warner  of  Salisbury,  Davenport  of  Bridgeport,  Redfield  of 
Farming-ton,  Clark  of  Haddam,  jSTorthrop  of  Middletown, 
N'orthrop  of  Newtown,  Merritt  of  Stamford,  Webb  of  Ham- 
den,  Osborn  of  N'ew  Haven,  and  Waller  of  j^ew  London. 

:Mr.  Milner  of  Plainfield,  at  3.54  o'clock  P.  M.,  moved 
that  the  committee  rise,  and  that  the  Chairman  be  instructed 
to  report  progi'ess  and  ask  leave  to  sit  again. 

The  motion  prevailed. 


Thursday  afternoon,  February  13,  1902. 

The  Convention  was  called  to  order  at  3.55  o'clock  P.  M., 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen,  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

On  motion  of  Mr.  Clark  of  Haddam,  the  Convention,  at 
3.56  o'clock  P.  M.,  adjourned,  to  meet  on  Tuesday,  Febru- 
ary 18th,  at  12.30  o'clock  A.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  119 


Tuesday,  February"  18,  1902. 

The  Couvention  was  called  to  order  at  12.30  o'clock  P.  M., 
Vice-President  Waller  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  Charles  H. 
Smith  of  Plymouth. 

CONVENTION    RESOLUTIONS. 

Convention  Eesolution  jSTo.-  161.  Mr.  Pisk  of  Branford 
introduced  a  resolution  providing  that  the  Senate  shall  con- 
sist of  one  Senator  from  each  town  and  that  the  House  of 
Representatives  shall  be  composed  of  as  many  members  as 
is  the  Senate,  the  members  to  be  elected  from  districts. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Eesolution  'No.  162.  Mr.  Lines  of  Meriden 
(by  request)  introduced  a  resolution  giving  the  General  As- 
sembly power  to  enact  an  Initiative  and  Eeferendum  law,  and 
providing  for  enactment  of  such  a  law  by  petition  from  the 
people. 

The  resolution  was  tabled. 

Mr.  Stevens  of  East  Haven  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motioji  was  discussed  by  Messrs.  Brown  of  jSTorwich 
and  Perry  of  Pairfield. 

By  unanimous  consent  Mr.  Stevens  of  East  Haven  with- 
drew his  motion. 

Mr.  Warner  of  Salisbury,  at  12,42  o'clock  P.  M.,  moved 
that  the  Convention  take  a  recess  until  2  o'clock  P.  M. 

The  motion  prevailed. 


The  Convention  was  called  to  order  at  2  o'clock  P.  M., 
Vice-President  Waller  in  the  Chair. 


120  JOURNAL    OF    THE    COKSTITUTIONAL    CONVEXTIOX. 

Mr.  Clark  of  Haddam  moved  that  the  Convention  adjourn 
until  Wednesday,  February  19th,  at  11  o'clock  A.  M. 

Mr.  JSTorthrop  of  Newtown  moved  that  a  roll  call  be  ordered 
in  order  to  ascertain  if  a  quorum  was  present. 

The  motion  prevailed. 

Mr.  Warner  of  Salisbury  raised  the  point  of  order  that 
under  Convention  Rule  6  the  yeas  and  nays  cannot  be  ordered 
unless  called  for  by  one-sixth  of  the  members  present  and 
voting. 

The  Vice-President  ruled  that  a  yea  and  nay  vote  was  not 
ordered,  but  a  roll  call  under  Convention  Rule  I^v^umber  One. 

Mr.  Huntington  of  Old  Lyme  raised  the  point  of  order 
that  the  rule  requiring  roll  call  had  been  suspended  by  Con- 
vention Resolution  No.  23  (see  Convention  Journal,  January 
7th). 

The  Vice-President  ruled  that  as  it  did  not  appear  that  the 
resolution  had  been  passed  by  a  two-thirds  vote,  he  could  not 
take  cognizance  of  it  as  suspending  the  rule  when  a  roll  call 
was  called  for. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  E.  S.  Gil- 
lette, Sears,  P.  S.  Bryant,  Middleton,  Loomis,  Cheney,  Con- 
dell,  Havens,  Bartlett,  Holcomb,  Bissell,  W.  H.  Hall,  D.  E. 
Phelps,  Healy. 

ISTew  Haven  County.  —  Messrs.  Guilfoile,  Fisk,  Stevens, 
Griswold,  Meigs,  Eord,  Davis,  Hotchkiss,  Kendrick,  Bishop. 

New  London  County.  —  Messrs.  Waller,  Miner,  Chipman, 
Bailey,  Allyn,  J.  F.  Brown,  Huntington,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Woodman,  E.  H.  Northrop, 
Perry,  Mead,  C.  H.  Northrop,  A.  B.  Woodward,  Stagg, 
Wakeman,  Chichester. 

Windham  County.  —  Messrs,  Bugbee,  Fitts,  Milner, 
Waldo,  Chandler. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  121 

Hayes,  Mallett,  J.  F.  Smith,  C.  H.  Smith,  Crofut,  D.  T. 
Warner,  Brinsmade,  Curtiss. 

Middlesex  County.  —  Messrs.  D.  W.  iN'orthrop,  G.  M. 
Clark,  Pelton,  Coe,  Hubbard,  Blake,  Nettleton,  Terrill,  Hale, 
L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Sumner,  Collins,  Charter, 
Porter,  Storrs,  Pinney,  Phelps. 

Those'  absent  and  not  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  Holmes,  W.  M.  Brown, 
Pierce,  Dickinson,  Grant,  Kedfield,  Maltbie,  Miller,  Cooley, 
Vance,  Churchill,  Sperry,  Willard. 

'New  Haven  County. — Messrs.  Osborn,  D.  T.  Walsh,  A. 
D.  Warner,  S.  E.  Woodward,  A.  E.  Smith,  McMahon,  Webb, 
Lines,  Wallace,  Merwin,  Whittemore,  Marks,  S.  J.  Bryant, 
Wooster,  Kussell,  Upson. 

New  London  County.  —  Messrs.  F.  T.  Brown,  Buell,  King, 
A.  M.  Brown,  I.  Gillette,  Bromley,  Raymond,  Killeen,  Frink, 
Morgan,  Eiley,  Hinckley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Bell, 
Jennings,  R.  J.  Walsh,  Whitlock,  Shelton,  Wanzer,  Sanford, 
Seymour,  Barnes,  Merritt,  O.  Hall,  Gorham. 

Windham  County.  —  Messrs.  Boss,  Evans,  L.  ]^.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Elliott,  Hunt,  Bowen. 

Litchfield  County.  —  Messrs.  Andrews,  Belden,  J.  H. 
Smith,  Kellogg,  Wright,  Ely,  Beardsley,  Whittlesey,  O'Con- 
nor, Camp,  Kirby,  Etheridge,  Fyler,  Strong,  Woolson. 

Middlesex  County. — Messrs.  Markham,  Brothwell,  Purple. 

Tolland  County. — Messrs.  l^ewcomb,  Skinner,  Hawkins, 
Keeney,  Kinney,  W.  H.  Hall. 

The  roll  call  disclosed  a  lack  of  a  quorum  (seventy-eight 
members  of  the  Convention  being  present  and  having  an- 
swered to  their  names),  and  the  Vice-President,  at  2.22  o'clock 
P.  M.,  declared  the  Convention  adjourned,  to  meet  on 
Wednesday,  February  19th,  at  11  o'clock  A.  M. 


122  JOURNAL   OF   THE    CONSTITUTIONAL    CONVENTION. 


Wednesday,  February  19,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
Vice-President  AYaller  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  William  Martin 
Brown  of  Bloomfield. 

The  clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  E.  S.  Gillette,  Sears,  Middleton,  Grant,  Eed- 
field,  Loomis,  Maltbie,  Miller,  Vance,  Churchill,  Condell, 
Havens,  Bartlett,  Holcomb,  Sperry,  Bissell,  W.  H.  Hall,  D. 
E.  Phelps,  Healy. 

'New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  Fisk,  A.  E.  Smith,  McMahon,  Stevens, 
Griswold,  Webb,  Meigs,  Lines,  Wallace,  Ford,  Marks,  S.  J. 
Bryant,  Davis,  Hotchkiss,  Russell,  Kendrick,  Bishop. 

jSTew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Bromley,  Killeen,  J.  F.  Brown,  Huntington, 
Hinckley,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  E.  H. 
jSTorthrop,  Bell,  Jennings,  Perry,  Whitlock,  Mead,  Wanzer, 
C.  H.  Xorthrop,  A.  B.  Woodward,  Sanford,  Barnes,  Merritt, 
Stagg,  O.  Hall,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  L.  IST.  Clark, 
Latham,  Somes,  Milner,  Elliott,  Waldo,  Hunt,  Chandler, 
Bowen. 

Litchfield  County. — Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Whittlesey,  J.  F. 
Smith,  O'Connor,  C.  H.  Smith,  Crofut,  D.  T.  Warner,  Eth- 
eridge.  Strong,  Brinsmade,  Woolson,  Curtiss. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  123 

Middlesex  County.  —  Messrs.  D.  W.  jSTorthrop,  G.  M. 
Clark,  Markham,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple, 
Blake,  "VV.  H.  Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Newcomb,  Collins,  Hawkins, 
Charter,  Porter,  Storrs,  Keeney,  Pinney,  Phelps,  "W.  H.  Hall. 

Those  absent  and  not  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  Pierce,  Dickinson,  P.  S.  Bry- 
ant, Cheney,  Cooley,  Willard. 

I^ew  Haven  County.  —  Messrs.  S.  P.  Woodward,  Merwin, 
Whittemore,  Wooster,  Upson. 

jSTew  London  County.  —  Messrs.  I.  Gillette,  Eaymond, 
Frink,  Morgan,  Riley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  P.  J.  Walsh,  Shel- 
ton,  Seymour,  Gorham. 

Windham  County.  —  Messrs.  Boss,  Evans,  Groesbeck, 
Buriiham. 

Litchfield  County.  —  Messrs.  Kellogg,  Wright,  Ely, 
Beardsley,  Camp,  Kirby,  Fyler. 

Middlesex  County.  —  Messrs.  Nettletou,  Terrill. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Hawkins, 
Kinney. 

Mr.  Xorthrop  of  jSTewtown  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  11.20 
o'clock,  went  into  committee  of  tlie  whole. 

COMMITTEE    OF    THE    WHOLE. 

The  Committee  was  called  to  order  at  11.. 21  o'clock  A.  M,, 
Chairman  Perry  in  the  Chair. 

The  Chair  ^stated  that  the  question  before  the  Committee 
was  an  amendment  offered  by  the  delegate  from  Kew  Lon- 
don, concerning  representation  in  the  Senate. 

Mr.  Bryant  of  Orange,  at  11.25  o'clock  A.  M.,  moved  that 
the  committee  of  the  whole  take  a  recess  until  1  o'clock  P.  M. 

The  motion  prevailed. 


12-4  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


AVednesdaj  afternoon,  February  19,  1902. 
COMMITTEE    OF    THE    WHOLE. 

The  Committee  wa!s  called  to  order  at  1  o'clock  P.  M.,  the 
Chairman  in  the  Chair. 

The  Chair  stated  that  the  motion  before  the  Committee 
was  on  the  passage  of  an  amendment  offered  by  the  delegate 
from  Xew  London,  concerning  representation  in  the  Senate. 

The  motion  was  discussed  by  Messrs.  Waller  of  Xew  Lon- 
don and  Sperry  of  South  Windsor. 

Mr.  Waller  of  Xew  London,  at  1.14  o'clock  P.  M.,  moved 
that  the  committee  rise,  and  that  the  Chairman  be  instructed 
to  report  progress,  and  ask  leave  to  sit  again. 

The  motion  prevailed. 


Wednesday  afternoon,  February  19,  1902. 
The  Convention  was  called  to  order  at  1.15  P.  M.,  Vice- 
President  Waller  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen,  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

[Vice-President  Perry  in  the  Chair.] 

Convention  Eesolution  Xo.  157.  A  resolution  concerning 
the  submission  of  constitutional  changes  to  the  people. 

Mr.  Waller  of  Kew  London  moved  that  the  resolution  be 
taken  from  the  table,  and  referred  to  the  committee  of  the 
whole. 
■The  motion  was  discussed  by  Messrs.  Waller  of  New  Lon- 


JOURNAL   OF   THE    CONSTITUTIONAL    CONVENTION.  125 

don,  Clark  of  Haddam,  Brown  of  Norwich,  and  Warner  of 
Salisbury. 

The  motion  did  not  prevail. 

Mr.  "Waller  of  Xew  London  moved,  at  1.55  o'clock  P.  M., 
that  the  Convention  take  a  recess  until  called  to  order  by  the 
President  of  the  Convention. 

The  motion  prevailed. 


AVednesday  afternoon,  February  19,  1902. 
The  Convention  was  called  to  order  at  2.10  o'clock  P.  ~^L, 
the  President  in  the  Chair. 

Mr.  Perry  of  Pairfield  offered  a  resolution  (Convention 
Resolution  Is^o.  163),  raising  a  committee  of  twenty-four  to 
be  appointed  by  the  President  of  the  Convention,  who  shall 
consider  the  question  of  representation  in  both  branches  of 
the  General  Assembly,  and  report  their  conclusions  to  the 
Convention. 

The  motion  was  discussed  by  Messrs.  Perry  of  Fairfield, 
Webb  of  Hamden,  Hale  of  Portland,  Fisk  of  Branford,  Hall 
of  West  Hartford,  Loomis  of  Glastonbury,  Warner  of  Salis- 
bury, Waller  of  jSTew  London,  Clark  of  Haddam,  Gillette  of 
Burlington,  and  Griswold  of  Guilford. 

On  motion  of  Mr.  Hall  of  Willington,  the  previous  ques- 
tion was  ordered. 

Mr.  Waller  of  Xew  London  moved  that  the  vote  on  the 
resolution  be  taken  by  Yeas  and  IN^ays. 

The  motion  prevailed. 

The  resolution  was  then  passed. 

The  vote  was  as  follows: 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S.  Bryant,  Mid- 


126  JOURNAL    or    THE    CONSTITUTIONAL    CONVENTIOX. 

dleton,  Grant,  Eedfield,  Maltbie,  Vance,  Churchill,  Condell, 
Holcomb,  Speny,  Bissell,  W.  H.  Hall,  Healy. 

'New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  Fisk,  A.  E.  Smith,  McMahon,  Stevens, 
Webb,  Meigs,  Lines,  Wallace,  Ford,  Marks,  S.  J.  Bryant, 
Davis,  Flotchkiss,  Russell,  Kendrick,  Bishop. 

jSTew  London  County.  —  Messrs.  Waller,  F.  T.  Bro\\Ti, 
Miner,  Buell,  Chipman,  King,  Bailey,  Allyn,  J.  F.  Brown, 
Huntington,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Jennings,  Perry, 
Whitlock,  A.  B.  AA^oodAvard,  Merritt,  Stagg,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Burnham, 
Milner,  Waldo,  Hunt,  Chandler. 

Litchfield  County.  —  Messrs.  Hayes,  Belden,  AVhittlesey, 
J.  F.  Smith,  Crofut,  Kirby, 

Middlesex  County.  —  Messrs.  D.  W.  JNTorthrop,  G.  M. 
Clark,  Markham,  Brothwell,  Coe,  Hubbard,  Blake,  Terrill, 
W.  H.  Smith. 

Tolland  County.  —  Messrs.  Skinner,  Collins,  Porter, 
Keeney,  Pinney,  Phelps,  W.  H.  Hall. 

Those  voting  ISTay  were : 

Hartford  County.  —  Messrs.  Holmes,  Loomis,  Miller, 
Bartlett,  D.  E.  Phelps. 

JSTew  Haven  County.  —  Mr.  Griswold. 

New  London  County.  —  Messrs.  A.  M.  Brown,  Bromley. 

Fairfield  County.  —  Messrs.  Woodman,  E.  H.  ISTorthrop, 
Mead,  Wanzer,  Sanford,  Barnes,  O.  Hall. 

Windham  County.  — -  Messrs.  L.  IST,  Clark,  Latham,  Somes, 
Elliott,  Bowen. 

Litchfield  County.  —  Messrs.  Andrews,  W.  B.  Smith, 
Beach,  Case,  Mallett,  O'Connor,  C.  H.  Smith,  D.  T.  AVarner, 
Etheridge,  Strong,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  Pelton,  Purple,  Hale, 
L'Hommedieu,  Post. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  127 

Tolland  County.  —  Messrs.  JSTewcomb,  Cliarter,  Storrs. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Pierce,  Cheney,  Cooley,  Ha- 
vens, Willard. 

New  Haven  County.  —  Messrs.  S.  R.  Woodward,  Merwin, 
Whittemore,  Wooster,  Upson. 

Xew  London  County.  —  Messrs.  I.  Gillette,  Raymond, 
Killeen,  Frink,  Morgan,  Riley,  Hinckley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  Bell,  R.  J.  Walsh, 
Shelton,  C.  H.  jSTorthrop,  Seymour,  Gorham,  Wakeman. 

Windham  County.  —  Messrs.  Boss,  Evans,  Groesbeck. 

Litchfield  County.  —  Messrs.  J.  H.  Smith,  Kellogg, 
Wright,  Ely,  Beardsley,  Camp,  Fyler,  Brinsmade. 

Middlesex  County.  —  Mr.  Xettleton. 

Tolland  County.  —  Messrs.  Sumner,  Hawkins,  Kinney. 

The  vote  was  as  follows : 

Whole  number  voting,  .  .  .127 

ISTecessary  for  passage,  .  .  .64 

Those  voting  Yea,  .  .  87 

Those  voting  ^N^ay,  .  .  40 

The  resolution  is  as  follows : 
Resolved  by  this  Convention : 

That  a  committee  of  twenty-four  be  appointed  by  the  Pres- 
ident to  consider  the  question  of  representation,  both  in  the 
Senate  and  House,  and  ascertain  and  report  a  plan  which, 
while  completely  safeguarding  the  principle  of  town  repre- 
sentation, shall,  if  possible,  better  harmonize  the  different 
views  represented  in  the  Convention  than  any  heretofore  pro- 
posed, and  so  tend  to  insure  future  satisfaction  and  stability. 

Mr.  Warner  of  Salisbury  introduced  a  resolution  (Conven- 
tion Resolution  Xo.  164),  a  resolution  providing  that  the  com- 
mittee just  decided  to  be  raised  be  instructed  to  report  on 
Tuesday,  the  25th  day  of  February,  1902. 

The  resolution  was  passed. 


128  JOURNAL    or    THE    CONSTITUTIONAL    CONVENTION. 

Mr.  Middleton  of  East  Windsor  moved  that  when  the  Con- 
vention adjourn  it  be  to  meet  on  Tuesday,  February  25th, 
at  12.30  o'clock  P.  M. 

The  motion  did  not  prevail. 

On  motion  of  Mr.  Hayes  of  Bethlehem,  the  Convention, 
at  4  o'clock  P.  M.,  adjourned  to  meet  on  Thursday,  at  11 
o'clock  A.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  129 


Thursday,  February  20,  1902. 

The  Conventiou  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  Charles  H. 
Smith  of  Plymouth. 

APPOINTMENT   OF    A   COMMITTEE. 
The  President  announced  the  appointment  of  the  following 
committee  to  consider  the  question  of  representation  raised 
by  Convention  Resolution  Xo.  163  (see  Convention  Journal, 
February  19th). 

John  H.  Perry,  Fairfield,  Chairman. 
Charles  Hopkins  Clark,  Hartford. 
]^orris  Galpin  Osborn,  Xew  Haven, 
Daniel  Davenport,  Bridgeport. 
Francis  P.   Guilfoile,  Waterbury. 
Frank  T.  Brown,  Xorwich. 
Thomas  M.  Waller,  Xew  London. 
Le^vis  Sperry,  South  Windsor. 
H.  Wales  Lines,  Meriden. 
Theodore  M.  Maltbie,  Granby. 
George  Austin  Bowen,  Woodstock. 
William  H.  Hall,  Willington. 
Wellington  B.  Smith,  Wincbester. 
David  B.  Hotchkiss,  Prospect. 
Jonathan  B.  Sanford,  Redding. 
Alonzo  E.  Smith,  Cheshire. 
Harley  P.  Buell,  Colchester. 
Aurin  P.  Somes,  Killingly. 
Charles  M.  Beach,  New  Milford. 
Edward  S.  Coe,  Cromwell. 


130  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Marshall  Porter,  Hebron. 
Frank  W.  Etlieridge,  Thomaston. 
Edward  H.  Sears,  Canton. 
Joseph  S.  Huntington,  Old  Lyme. 

Mr.  Bowen  of  Woodstock  asked  to  be  excused  from  serving 
as  a  member  of  the  committee. 

The  request  was  discussed  by  Mr.  Smith  of  Winchester. 

The  President  stated  that  he  was  unwilling  and  perhaps 
unable  to  excuse  any  delegate,  the  appointment  having  been 
made  and  being  now  in  the  hands  of  the  Convention. 

On  motion  of  Mr.  Warner  of  Salisbury,  the  Convention,  at 
11.16  o'clock  A.  M.,  adjourned,  to  meet  on  Tuesday,  at  12.30 
o'clock  P.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  131 


Tuesday,  February  25,  1902. 

The  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  William  Martin 
Brown  of  Bloomfield. 

CONVENTION    RESOLUTION. 

Convention  Eesolution  Xo.  166.  Mr.  Bailey  of  Groton 
introduced  a  remonstrance  protesting  against  the  one-from-a- 
town  plan  of  representation  in  the  House  of  Representatives. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

REPORT    OF   A    COMMITTEE. 

Mr.  Perry  of  Fairfield  presented  the  report  of  the  commit- 
tee raised  by  Convention  Eesolution  No.  163  (see  Convention 
Journal,  February  20th),  as  follows : 

To  the  Constitutional  Convention : 

The  committee  of  twenty-four  appointed  to  ascertain  and 
report  a  plan  which  would  tend  to-  harmonize  the  different 
views  represented  in  the  Convention  on  the  question  of  repre- 
sentation in  the  Senate  and  House  begs  leave  to  report : 

That  it  has  considered  the  various  plans  to  that  end  which 
were  proposed  to  it  and  finds  itself  unable  to  agree  upon  any 
one  to  submit  to  the  Convention. 

All  of  which  is  respectfully  submitted. 

John  H.  Perry,  Chairman. 

Mr.  Loomis  of  Glastonbury  moved  that  the  report  be  ac- 
cepted and  the  committee  discharged. 

The  motion  was  discussed  by  Messrs.  Loomis  of  Glaston- 
bury and  Sperry  of  South  Windsor. 

The  motion  prevailed. 


132  JOUENAL    OF   THE    CONSTITUTIOXAL    CONVENTION. 

Mr.  Sperry  of  South  Windsor  presented  the  following  mi- 
nority report  of  the  committee  raised  by  Convention  Eesolu- 
tion  Xo.  163  (see  Convention  Journal,  February  20th),  as 
follows : 

To  the  Constitutional  Convention : 

The  undersigned,  being  a  minority  of  the  members  of  the 
committee  apj)ointed  by  Resolution  of  this  Convention  on  the 
20th  inst.,  to  report  a  plan  for  representation,  have  the  honor 
to  report  that  they  have  met  with  said  committee  and  con- 
sidered the  subject  at  length,  and  while  they  have  been  unable 
to  agree  with  the  majority  of  the  committee  on  any  plan,  the 
undersigned  have  agreed  upon  the  accompanying  plan  which 
received  the  approval  of  eleven  of  the  committee  upon  roll 
call,  and  respectfully  recommend  the  same  to  this  Conven- 
tion for  its  adoption. 

Dated,  Hartford,  Conn.,  February  25,  1902. 

Charles  Hopkins  Clark,  Hartford. 

ISTorris  G.  Osborn,  'New  Haven. 

Daniel  Davenport,  Bridgeport. 

Francis  P.  GuiKoile,  Waterbury. 

Frank  T.  Bro^vn,  IsTorwich. 

Thomas  M.  Waller,  New  London. 

H.  Wales  Lines,  Meriden. 

Lewis  Sperry,  South  Windsor. 

Harley  P.  Buell,  Colchester. 

Alonzo  E.   Smith,   Cheshire. 

Accompanying  the  minority  report  was  the  following 
resolution : 

Convention  Resolution  No.  165.  A  resolution  providing 
that  each  town  of  less  than  five  thousand  population  shall 
have  one  representative,  towns  of  five  thousand  to  twenty- 
five  thousand,  two;  twenty-five  thousand  to  fifty  thousand, 
three;  fifty  thousand  to  seventy-five  thousand,  four;  seventy- 
five  thousand  to  one  hundred  thousand,  five;  one  hundred 


JOUKNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  133 

thousand  or  over^  six,  and  that  towns  entitled  to  more  than 
two  representatives  shall  he  divided  into  districts,  each  dis- 
trict to  elect  one  representative. 

On  motion  of  Mr.  Sperry  of  South  Windsor,  the  resolution 
was  referred  to  the  committee  of  the  whole,  and  ordered 
printed  in  the  files. 

Mr.  Etheridge  of  Thomaston  moved  that  the  Convention 
go  into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  12.47  o'clock 
P.  M.,  went  into  committee  of  the  whole. 

COMMITTEE   OF    THE   WHOLE. 

The  committee  was  called  to  order  at  12.48  o'clock  P.  M., 
Chairman  Perry  in  the  Chair. 

The  Chairman  st-ated  that  the  question  before  the  com- 
mittee was  upon  the  adoption  of  an  amendment  making  the 
Senate  consist  of  from  seventy-two  to  eighty-four  members 
(see  Convention  Journal,  February  19th). 

The  amendment  was  discussed  by  Messrs.  Waller  of  New 
London,  Waimer  of  Salisbury,  Davenport  of  Bridgeport, 
Brown  of  Norwich,  Osbom  of  New  Haven,  Smith  of  Win- 
chester, and  Etheridge  of  Thomaston. 

[Mr.  Skinner  of  Andover  in  the  Chair.] 

The  amendment  was  further  discussed  by  Messrs.  Etheridge 
of  Thomaston,  Northrop  of  Middletown,  and  Merritt  of 
Stamford. 

Mr.  Merritt  of  Stamford  introduced  a  motion  in  writing 
''  That  it  is  the  judgment  of  this  committee  that  the  large 
towms  of  the  State  should  be  given  increased  representation 
in  the  House  of  Representatives  so  that  their  material  interests 
may  receive  adequate  attention." 

The  Chairman  ruled  that  the  motion  was  not  in  order,  as 
it  was  not  germane  to  the  pending  amendment. 

The  amendment  was  further  discussed  by  Messrs.  Clark  of 


134     JOUENAL  OF  THE  CONSTITUTIOXAL  CONVE>'TIOX. 

Haddam,  Smith  of  Cheshire,  Redfield  of  Famiington,  and 
Dempsey  of  Danbnry. 

The  amendment  offered  bj  Mr.  Waller  of  iSTew  London  did 
not  prevail. 

[Chairman  Perry  in  the  Chair.] 

Mr.  Loomis  of  Glastonbury  moved  as  an  amendment  that 
the  Senate  be  composed  of  not  less  than  sixty-five  nor  more 
than  seventy-six  members. 

The  amendment  was  discnssed  by  Mr.  Loomis  of  Glaston- 
bury. 

The  amendment  did  not  prevail. 
'  Mr.  Warner  of  Salisbury  moved  to  amend  by  substituting 
for  the  pending  resolution  the  following : 

Resolved,  That  we  are  in  favor  of  a  Senate  of  sixty,  based 
on  principles  already  established. 

The  amendment  was  discussed  by  Messrs.  Warner  of  Salis- 
bury, Waller  of  'New  London,  Hotchkiss  of  Prospect,  Hale 
of  Portland,  Clark  of  Haddam,  Brown  of  ISTorwich,  Guilfoile 
of  Waterbury,  Gillette  of  Burlington,  Smith  of  Winchester, 
and  Davenport  of  Bridgeport. 

The  amendment  prevailed. 

The  resolution  was  then  passed  as  amended. 

Mr.  Merritt  of  Stamford  renewed  his  motion  providing  that 
the  large  towns  of  the  State  should  be  given  increased  repre- 
sentation. 

Mr.  Loomis  of  Glastonbury  moved  that  the  motion  be 
tabled. 

Mr.  Waller  of  ISTew  London  raised  the  point  of  order  that 
the  motion  to  table  was  not  in  order  in  committee  of  the  whole. 

The  Chairman  ruled  that  the  point  of  order  was  well  taken. 

The  motion  of  Mr.  Merritt  of  Stamford  was  discussed  by 
Messrs.  Warner  of  Salisbury  and  Smith  of  Winchester. 

By  unanimous  cgnsent,  Mr.  Merritt  of  Stamford  withdrew 
his  motion. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


135 


Mr.  Warner  of  Salisbury,  at  3.20  o'clock  P.  M.,  moved  that 
the  Chairman  of  the  committee  report  to  the  Convention  the 
action  taken  bv  the  committee  on  the  matter  pending  before 
it,  and  that  the  committee  of  the  whole  rise,  report  progress, 
and  ask  leave  to  sit  again. 

The  motion  prevailed. 


Tuesday  afternoon,  February  25,  1902. 

The  Convention  was  called  to  order  at  3.21  o'clock  P.  M., 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to 
it,  and  risen,  after  instructing  him  to  report  progress,  and 
ask  leave  to  sit  again,  and  that  he  would  report  the  action 
taken  by  the  committee  on  the  matter  pending  before  it,  at 
such  time  as  the  Convention  should  direct. 

The  report  was  accepted,  and  the  request  granted. 

Mr.  Loomis  of  Glastonbury  moved  that  the  report  of  the 
action  of  the  committee  be  received  at  once. 

The  motion  prevailed. 

Chairman  Perry  then  reported  that  the  following  resolution 
had  been  favorably  acted  upon  by  the  committee  of  the  whole, 
and  reported  the  same  favorably  to  the  Convention. 

That  we  are  in  favor  of  a  Senate  of  sixty,  based  on  princi- 
ples already  established. 

Mr.  Smith  of  Winchester  moved  that  the  report  be  tabled. 

The  motion  prevailed. 

On  motion  of  Mr.  Clark  of  Haddam,  the  Convention,  at 
3.22  o'clock  P.  M.,  adjourned,  to  meet  on  Wednesday,  at  11 
o'clock  A.  M. 


136  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Wednesday,  February  26,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  Charles  H.  Smith 
of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jar^ds, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Loomis,  Maltbie,  Miller,  Cooley, 
Vance,  Churchill,  Condell,  Havens,  Bartlett,  Holcomb,  Bis- 
sell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilf oile,  D.  T. 
Walsh,  S.  R.  Woodward,  A.  E.  Smith,  McMahon,  Stevens, 
Griswold,  Webb,  Lines,  Wallace,  Ford,  Marks,  S.  J.  Bryant, 
Davis,  Hotchkiss,  Russell,  Kendrick,  Bishop. 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  King,  A.  M.  Brown,  Bailey,  I.  Gillette,  Allyn, 
Bromley,  Killeen,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  Perry, 
Whitlock,  Shelton,  Wanzer,  C.  H.  Northrop,  A.  B.  Wood- 
ward, Sanford,  Seymour,  Barnes,  Merritt,  Stagg,  O.  Hall, 
Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  L.  N.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott,  Waldo, 
Hunt,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright, 
Whittlesey,  J.  F.  Smith,  Camp,  C.  H.  Smith,  Crofut,  D.  T. 
Warner,  Kirby,  Etheridge,  Strong,  Brinsmade,  Woolson, 
Curtiss. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTlOlN.  1^7 

Middlesex  Countj.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Pelton,  Coe,  Hubbard,  Purple,  Blake,  Terrill,  W.  H. 
Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Charter, 
Porter,  Storrs,  Pinney,  Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  Eedfield,  Cheney,  Sperry. 

ISTew  Haven  County.  —  Messrs.  A.  D.  Warner,  Fisk,  Mer- 
win,  Whittemore,  Wooster,  Upson. 

New  London  County.  —  Messrs.  Raymond,  J.  F.  Brown, 
Huntington,  Frink^  Morgan,  Eiley,  Hinckley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  E.  H.  Northrop, 
Bell,  Jennings,  R.  J.  Walsh,  Mead,  Gorham. 

Windham  County,  —  Messrs.  Fitts,  Evans. 

Litchfield  County.  —  Messrs.  J.  H.  Smith,  Kellogg,  Ely, 
Beardsley,  O'Connor,  Fyler. 

Middlesex  County.  —  Messrs.  Markham,  Brothwell,  Net- 
tleton. 

Tolland  County.  —  Messrs.  Newcomb,  Collins,  Hawkins, 
Keeney,  Kinney. 

Whole  number  answering,  .  .  .        127 

Those  absent  and  not  answering,  ...  40 

Mr.  Osborn  of  New  Haven  moved  that  the  first  business 
of  the  Convention  daily  until  otherwise  provided  for,  be  a 
roll  call  of  the  delegates. 

The  motion  was  discussed  by  Messrs.  Osborn  of  New 
Haven,  Warner  of  Salisbury,  and  Waller  of  New  London. 

By  unanimous  consent,  Mr.  Osborn  of  New  Haven  with- 
drew his  motion. 

CONVENTION    RESOLUTIONS. 
Mr.  Warner,  of  Salisbury  introduced  a  resolution  raising 
a  committee  of delegates  to  draft  an  article  of  the  pro- 


138  JOURNAL    OF    THE    COXSTITUTIOXAL    CONVENTION". 

posed  Constitution  on  tlie  subject  of  representation  embody- 
ing the  principles  favorably  passed  upon  by  the  committee 
of  the  whole,  and  report. 

Mr.  Maltbie  of  Granby  moved  to  fill  the  blank  ^nth  the 
number  "  five." 

Mr.  Hall  of  Willington  moved  to  amend  by  making  the 
number  "  eight  "  instead  of  "  five." 

Mr.  Maltbie  of  Granby  accepted  the  amendment. 

The  resolution  was  discussed  by  Messrs.  Osboni  of  Xew 
Haven  and  AYaller  of  ]^ew  London. 

By  unanimous  consent,  Mr.  Warner  of  Salisbury  withdrew 
his  resolution. 

Convention  Eesolution  i^o.  167.  Mr.  Merritt  of  Stamford 
introduced  a  resolution  providing  that  the  large  towns  of  the 
State  should  be  given  increased  representation  in  the  House 
of  Representatives,  so  that  their  material  interests  may  re- 
ceive adequate  attention. 

Mr.  Xoi-throp  of  Middletown  moved  to  amend  by  Schedule 
"  A,"  to  strike  out  all  after  the  words  "  House  of  Eepre- 
sentatives." 

Mr.  Merritt  of  Stamford  accepted  the  amendment. 

Mt.  Loomis  of  Glastonbury  moved  that  the  resolution  be  in- 
definitely i^ostponed. 

The  motion  Avas  discussed  by  Messrs.  Perry  of  Fairfield, 
Waller  of  New  London,  Loomis  of  Glastonbury,  Maltbie  of 
Granby,  Smith  of  Winchester,  Brinsmade  of  Washington, 
and  Webb  of  Hamden. 

Mr.  Waller  of  New  London  moved  that  the  vote  on  the 
motion  be  taken  by  Yeas  and  Nays. 

The  motion  prevailed. 

The  motion  to  indefinitely  postpone  did  not  prevail. 

The  vote  Avas  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Holmes,  Jarvis,  Dickinson, 
Loomis,  Maltbie,  Havens,  Bartlett,  Willard,  D.  E.  Phelps. 


JOURNAL    OF    THE    CONSTITUTIOXAL    CONVEKTION. 


139 


Xew  Haven  Coiintv,  —  Messrs.  Griswolcl,  Ford,  Eiissell. 

ISTew  London  County.  —  Messrs.  Miner,  A.  M.  Brown,  I. 
Gillette,  Allyn,  Bromley,  Killeen. 

Fairfield  County.  —  Messrs.  Woodman,  E.  H.  Xorthrop, 
Mead,  Wanzer,  Sanford,  Barnes,  O.  Hall,  Wakeman. 

Windham  County.  —  Messrs.  Fitts,  L.  X.  Clark,  Groes- 
beck,  Latham,  Burnham,  Somes,  Milner,  Elliott,  Waldo, 
Hunt,  Bowen. 

Litchfield  County.  —  Messrs.  AY.  B.  Smith,  Case,  Hayes, 
Kellogg,  Wright,  J.  F.  Smith,  Camp,  C.  H.  Smith,  Cro'fut, 
D.  T.  Warner,  Etheridge,  Strong,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  Pelton,  Hubbard,  Purple, 
W.  H.  Smith,  Hale,"^  Post. 

Tolland  County. — Messrs.  Xewcomb,  Charter,  Porter, 
Storrs. 

Those  voting  ISTay  were  : 

Hartford  County.  —  Messrs.  0.  H.  Clark,  W.  M.  Brown, 
Pierce,  Sears,  Middleton,  Grant,  Vance,  Churchill,  Condell, 
Holcomb,  Sperry,  Bissell,  W.  H.  Hall,  Heal.y. 

'New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  S.  R  Woodward,  A.  E.  Smith,  McMahon,  Stevens, 
Webb,  Lines,  Marks,  S.  J.  Bryant,  Davis,  Hotchkiss,  Wooster, 
Kendrick,  Bishoj). 

Xew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Buell,  King,  Bailey,  Raymond,  J.  F.  Brown,  Hinckley,  C.  A. 
Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Perry,  Whitlock, 
Shelton,  C.  H.  Xorthrop,  A.  B.  Woodward,  Seymour,  Merritt, 
Stagg,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Chandler. 

Litchfield  County.  —  Messrs.  Beach,  Mallett,  Belden, 
Whittlesey,  Kirby,  Brinsmade. 

Middlesex  County.  —  Messrs.  D.  AV.  Xorthrop,  G.  M. 
Clark,  Brothwell,  Coe,  Blake,  Terrill,  L'Hommedieu. 


liO     JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 

1'olland  County.  —  Messrs.  Skinner,  Siimner,  Hawkins, 
Pinney,  Phelps,  AY.  H.  Hall. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  E.  S.  Gillette,  P.  S.  Bryant, 
Eedfield,  Miller,  Cheney,  Cooley. 

Xew  Haven  County.  —  Messrs.  A.  D.  Warner,  Fisk,  Meigs, 
Wallace,  Merwin,  Whittemore,  Upson. 

Xew  London  County.  —  Messrs.  Chipman,  Huntington, 
Prink,  Morgan,  Eiley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  Bell,  Jennings,  R. 
J.  Walsh,  Gorham. 

Windham  County.  —  Messrs.  Boss,  Evans. 

Litchfield  County.  —  Messrs.  J.  H.  Smith,  Ely,  Beardsley, 
O'Connor,  Fyler. 

Middlesex  County.  —  Messrs.  Markham,  ISTettleton. 

Tolland  County.  —  Messrs.  Collins,  Keeney,  Kinney. 

Whole  number  voting,  .....   131 

Necessary  for  passage,  .  .  .  .  .66 

Those  voting  Yea,  .         .         .         .61 

Those  voting  il^ay,  .  .  .  .70 

Mr.  Warner  of  Salisbury  moved  to  amend  by  Schedule 
"B." 

Mr.  Merritt  of  Stamford  accepted  the  amendment. 
Following  is  the  amendment : 

Schedule  "  B." 

Add  to  the  resolution  the  following,  "  so  that  their  material 
interests  as  large  municipal  corporations  may  be  represented." 

Mr.  Etheridge  of  Thomaston  moved  to  amend  the  resolution 
by  Schedule  "  C,"  as  follows : 


JOUKISrAL    OF    THE    CONSTITUTIONAL    CONVENTION.  141 

Schedule  "  C." 

At  the  end  thereof  add  the  following: 

"  And  whereas  the  committee  of  the  whole  has  already 
favorably  passed  upon  the  following  principles  in  regard  to 
representation  by  a  large  majority,  viz. :  a  Senate  based  upon 
equality  of  population  located  in  contiguous  territory  pre- 
serving town  lines  and  ignoring  county  lines;  and  a  House  of 
Representatives  composed  of  one  member  from  each  town. 

"  Eesolved,  That  in  addition  to  the  foregoing,  in  considera- 
tion of  the  magnitude  of  the  business  interests  of  the  towns 
of  'New  Haven,  Hartford,  Bridgeport,  and  Waterbury,  we 
favor  giving  said  towns  additional  representation  as  follows : 
JSTew  Haven,  three';  Hartford  and  Bridgeport,  two  each,  and 
Waterbury,  one." 

Mr.  AValler  of  iSTew  London  moved  to  amend  Schedule 
"  C  "  by  Schedule  "  D,"  as  follows : 

Schedule  "  D." 

Add  at  the  end  of  said  amendment,  "  the  town  of  Norwich 
one." 

The  amendment  was  discussed  by  Messrs.  Waller  of  ISTew 
London,  Milner  of  Plainfield,  Holcomb  of  Southington, 
Vance  of  I^ew  Britain,  Warner  of  Salisbury,  and  Brown  of 
jSTorwicli. 

Mr.  Waller  of  J^ew  London  moved  that  further  considera- 
tion of  the  pending  resolution  and  amendments  be  postponed 
to  Thursday,  at  11  o'clock  A.  M. 

The  motion  prevailed. 

Mr.  Waller  of  ISTew  London  moved  that  the  Convention 
take  a  recess  until  2  o'clock  P.  M. 

The  motion  did  not  prevail. 

CONVENTION    RESOLUTION. 

Convention  Eesolution  No.  168.  Mr.  Hall  of  Willington 
introduced  a  resolution  providing  that  each  tou'u  of  less  than 


142 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


five  thousand  poiDiilation  shall  be  entitled  to  one  representa- 
tive, five  thousand  to  fifty  thousand,  two;  fifty  thousand  to 
one  hundred  thousand,  three;  one  hundred  thousand  to  two 
hundred  thousand,  four;  each  town  entitled  to  more  than 
two  representatives  to  be  divided  into  districts,  each  to  elect 
one  representative.  Also  providing  that  the  Senate  shall  con- 
sist of  thirty-six  members,  the  towns  of  each  county  to  com- 
prise at  least  two  senatorial  districts. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

On  motion  of  Mr.  Waller  of  Xew  London,  the  Convention, 
at  12.57  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday,  at 
11  o'clock  A.  M. 


JOURNAL    OF    THE    CONSTITUTIOXAL    CONVENTION.  143 


Thursday,  February  27,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  ]\I., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  William  Martin 
Brown  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County,  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
AV.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Redfield,  Loomis,  Maltbie,  Cheney, 
Cooley,  Vance,  Churchill,  Condell,  Bartlett,  Holcomb, 
Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

K^ew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  R.  Woodward,  Fisk,  A.  E.  Smith, 
Stevens,  Griswold,  Webb,  Meigs,  Lines,  Wallace,  Ford, 
Marks,  S.  J.  Bryant,  Davis,  Hotchkiss,  Wooster,  Eussell, 
Kendrick,  Upson,  Bishop, 

New  London  County.  —  Messrs.  Waller,  F,  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I,  Gil- 
lette, Allyn,  Bromley,  Raymond,  Killeen,  J.  F.  Brown, 
Huntington,  Frink,  Hinckley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  Northrop,  Bell,  Jennings,  Perry,  Whitlock,  Shel- 
ton.  Mead,  Wanzer,  C.  H.  Northrop,  A.  B.  Woodward,  San- 
ford,  Seymour,  Barnes,  Merritt,  Stagg,  O.  Hall,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  N. 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Hunt,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Belden,  J.  H.  Smith,  Wright,  Ely,  Whittlesey,  J.  F. 


144  JOURXAL    OF    THE    CONSTITUTIOXAL    CONVEXTIOX. 

Smith,  O'Connor,  C.  H.  Smith,  Crofiit,  D.  T.  Warner,  Kirby, 
Etheridge,  Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex  Coimty. — Messrs.  D.  W.  IN'orthrop,  G.  M. 
Clark,  Markham,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple, 
Blake,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  ISTewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Pinney, 
Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  Miller,  Havens. 

New.  Haven  County.  —  Messrs.  McMahon,  Merwin, 
Whittemore. 

i^ew  London  County.  —  Messrs.  Morgan,  Riley. 

Pairfield  County.  —  Messrs.  E.  J.  Walsh,  Gorham,  Wake- 
man. 

Windham  County.  —  Mr.  Boss. 

Litchfield  County.  —  Messrs.  Mallett,  Kellogg,  Beardsley, 
Camp,  Fyler. 

Middlesex  County.  —  Mr.  Nettleton. 

Tolland  County.  —  Mr.  Kinney. 

Whole   number   answering,    .  .  .  .150 

Those  absent  and  not  answering,  .  .  .18 

The  President  stated  that  the  question  before  the  Conven- 
tion was  on  a  resolution.  Convention  Resolution  No.  167  (see 
Convention  Journal,  February  26th),  offered  by  the  delegate 
from  Stamford,  providing  that  the  large  towns  of  the  State 
should  be  given  increased  representation  in  the  House  of 
Representatives,  so  that  their  material  interests  as  large  muni- 
cipal corporations  may  be  represented,  to  which  resolution 
two  amendments  had  been  offered,  and  the  first  question  be- 
fore the  Convention  was  on  the  passage  of  an  amendment 
offered  by  the  delegate  from  New  London. 


JOURI>rAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


145 


Mr.  Bowen  of  Woodstock  moved  to  indefinitely  postpone 
the  resolution  and  the  proposed  amendments. 

The  motion  was  discussed  by  Messrs.  "Waller  of  New  Lon- 
don, Pierce  of  Bristol,  Sears  of  Canton,  Perry  of  Fairfield, 
Vance  of  Xew  Britain,  Warner  of  Salisbury,  Guilfoile  of 
Waterbury,  Etheridge  of  Thomaston,  Griswold  of  Guilford, 
Clark  of  Haddam,  Osborn  of  New  Haven,  Webb  of  Hamden, 
Brinsmade  of  Washington,  Cheney  of  Manchester,  and  Smith 
of  Cheshire. 

Mr.  Waller  of  ISTew  London  moved  that  when  the  vote  be 
taken  it  be  taken  by  the  Yeas  and  Nays. 

The  motion  prevailed. 

The  motion  to  indefinitely  postpone  prevailed. 

The  vote  was  as  follows: 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Holmes,  Jarvis,  W.  M. 
Brown,  E.  S.  Gillette,  Dickinson,  Loomis,  Maltbie,  Miller, 
Cooley,  Havens,  Bartlett,  Willard,  D.  Ei.  Phelps. 

New  Haven  County.  —  Messrs.  S.  R.  Woodward,  Eisk, 
Stevens,  Griswold,  Meigs,  Wallace,  Ford,  Hotchkiss,  Russell. 

New  London  County.  —  Messrs.  Waller,  Miner,  King,  A. 
M.  Brown,  I.  Gillette,  Allyn,  Bromley,  Killeen,  Huntington, 
Frink,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Woodman,  E.  H.  Northrop, 
Bell,  Jennings,  Mead,  Wanzer,  Sanford,  Barnes,  O.  Hall, 
Wakeman. 

Windham  County.  —  Messrs.  Fitts,  Evans,  L.  N.  Clark, 
Groesbeck,  Latham,  Bumham,  Somes,  Elliott,  Waldo,  Hunt, 
Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Ely,  J.  F.  Smith, 
O'Connor,  Camp,  C.  H.  Smith,  Crofut,  D.  T.  Warner,  Ether- 
idge, Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex   County.  —  Messrs.    Markham,    Coe,   Hubbard, 
Purple,  W.  H.  Smith,  Hale,  L'Hommedieu,  Post, 
c.  c— 10 


146  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Tolland  Countv.  —  Messrs.  Newcomb,  Sumner,  Collins, 
Hawkins,  Charter,  Porter,  Storrs. 

Those  voting  ISTay  were: 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Pierce,  Sears, 
Middleton,  Grant,  Redfield,  Cheney,  Vance,  Churchill,  Con- 
dell,  Holcomb,  Sperry,  Bissell,  W.  H.  Hall,  Healy. 

New  Plaven  County.  —  Messrs.  Osbom,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  A.  E.  Smith,  Webb,  Lines,  Marks, 
S.  J.  Bryant,  Davis,  Wooster,  Kendrick,  Upson,  Bishop. 

New  London  County.  —  Messrs.  P.  T,  Brown,  Buell,  Chip- 
man,  Bailey,  Raymond,  J.  P.  Brown,  Hinckley,  C.  A.  Gallup. 

Pairfield  County.  —  Messrs.  Davenport,  Dempsey,  Perry, 
Whitlock,  Shelton,  C.  H.  Northrop,  A.  B.  Woodward,  Sey- 
mour, Merritt,  Stagg,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Milner,   Chandler. 

Litchfield  County.  —  Messrs.  Whittlesey,  Kirby. 

Middlesex  County. — Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Brothwell,  Pelton,  Blake,  Terrill, 

Tolland  County.  —  Messrs.  Skinner,  Keeney,  Pinney, 
Phelps,  W.  H.  Hall. 

Those  absent  and  not  voting  were : 
Hartford  County.  —  Mr.  P.  S.  Bryant. 
New  Haven  County.  —  Messrs.  McMahon,  Merwin,  Whit- 
temore. 

New  London  County.  —  Messrs.  Morgan,  Eiley. 
Pairfield  County.  —  Messrs.  R  J.  Walsh,  Gorham. 
Windham  County.  —  Mr.  Boss. 

Litchfield  County.  —  Messrs.  Kellogg,  Wright,  Beardsley, 
Pyler. 

Middlesex  County.  —  Mr.  Nettleton. 
Tolland  County.  —  Mr.  Kinney. 

Whole  number  voting,  .  .  .  .  .152 

Necessary  for  passage,  .  .  .  .  .77 

Those  voting  Yea,  .  .  .88 

Those  voting  Nay,  ...      64 


JOURNAL    OF    THE    COXSTITUTIOXAL    COIS^VENTIOX.  147 

Mr.  Pelton  of  Clinton  moved  that  the  Convention  recon- 
sider its  action  in  indefinitely  postponing  the  resolution. 

Mr.  Hall  of  Willington  raised  the  point  of  order  that  the 
motion  could  not  be  entertained,  because  the  delegate  mak- 
ing the  motion  was  not  in  the  majority  vote  of  the  Conven- 
tion in  indefinitely  postponing  the  resolution. 

The  President  ruled  that  the  point  of  order  was  well  taken. 

CONVENTION    RESOLUTION. 

Convention  Resolution  No.  169.  Mr.  Warner  of  Salis- 
bury introduced  a  resolution  raising  a  committee  of  nine  dele- 
gates to  draft  an  article  of  the  proposed  Constitution  on  the 
subject  of  representation,  embodying  the  principles  favorably 
passed  upon  by  the  committee  of  the  whole,  and  report. 

Mr.  Waller  of  New  London  moved  that  the  resolution  be 
tabled. 

The  motion  was  discussed  by  Messrs.  Waller  of  ISTew  Lon- 
don and  Smith  of  Winchester. 

Mr.  Waller  of  New  London  moved  that  the  vote  on  the 
motion  to  table  be  taken  by  Yeas  and  IN'ays. 

The  motion  prevailed. 

Mr.  Waller  of  New  London,  at  12.50  o'clock  P.  M.,  moved 
that  the  Convention  take  a  recess  until  2  o'clock  P.  M. 

The  motion  prevailed. 


Thursday  afternoon,  February  27,  1902. 

The  Convention  was  called  to  order  at  2  o'clock  P.  M.,  the 
President  in  the  Chair. 

The  President  stated  that  the  question  before  the  Conven- 
tion was  the  motion  of  Mr.  Waller  of  iSTew  London  to  table 
Convention  Resolution  No.  169,  raising  a  committee  to  draft 
an  article  of  the  proposed  Constitution,  and  on  which  a  vote 
by  Yeas  and  Najs,  had  been  ordered. 


148  JOUENAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Mr.  Davenport  of  Bridgeport  proceeded  to  discnss  the  pend- 
ing motion. 

Mr.  Loomis  of  Glastonbury  raised  tlie  point  of  order  that 
the  motion  to  table  was  not  debatable. 

The  President  ruled  that  the  point  of  order  was  well  taken. 

The  motion  to  table  did  not  prevail. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  Conntj.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Middleton,  Grant, 
Eedfield,  Cheney,  Vance,  Churchill,  Condell,  Holcomb, 
Sperry,  Bissell,  W.  H.  Hall,  Willard,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  A.  E.  Smith,  Stevens,  Webb,  Meigs, 
Lines,  Wallace,  Marks,  S.  J.  Bryant,  Davis,  Wooster,  Ken- 
drick,  Upson,  Bishop. 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Buell,  Chipman,  Bailey,  Raymond,  Huntington,  C.  A. 
Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Jen- 
nings, Perry,  Whitlock,  C.  H.  Northrop,  A.  B.  Woodward, 
Seymour,  Merritt,  Stagg,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Milner,  Chandler. 

Litchfield  County.  —  Mr.  Hayes. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Blake,  Terrill. 

Tolland  County.  —  Messrs.  Skinner,  Keeney,  Pinney, 
Phelps,  W.  H.  Hall. 

Those  voting  Nay  were : 
•      Hartford  County.  —  Messrs.  Holmes,  Dickinson,  Loomis, 
Maltbie,  Miller,  Cooley,  Havens,  Bartlett,  D.  E,  Phelps. 

New  Haven  County.  —  Messrs.  S.  R.  Woodward,  Fisk, 
Griswold,  Ford,  Hotchkiss,  Russell. 


JOUE^'AL    OF    THE    COXSTITUTIOXAL    CONVE^^TIO^^ 


149 


iSTew  London  Coimtv.  —  Messrs.  Miner,  King,  A.  M. 
Bro\vn,  I.  Gillette,  Alljn,  Bromley,  Raymond,  Killeen, 
Frink,  Hinckley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Woodman,  E.  H.  Northrop, 
Bell,  Mead,  Wanzer,  Sanford,  Barnes,  O.  Hall,  Wakeman. 

Windham  County.  —  Messrs.  Fitts,  Evans,  L.  iST.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Elliott,  Waldo,  Hunt, 
Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Ely,  Whittlesey,  J.  F.  Smith, 
O'Connor,  Camp,  C.  H.  Smith,  Crofut,  D.  T.  Warner,  Ether- 
idge.  Strong,  Brinsmade,  AVoolson,  Curtiss. 

Middlesex  County.  —  Messrs.  Markham,  Pelton,  Coe,  Hub- 
bard, Purple,  W.  H.  Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Xewcomb,  Sumner,  Collins, 
Charter,  Porter,  Storrs. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Mr.  Pierce. 

New  Haven  County.  — Messrs.  McMahon,  Merwin, 
Whittemore. 

New  London  County.  —  Messrs.  J.  F.  Brown,  Morgan, 
Eiley. 

Fairfield  County.  —  Messrs.  R.  J.  Walsh,  Shelton,  Gor- 
ham. 

Windham  County.  —  Mr.  Boss. 

Litchfield  County.  —  Messrs.  Belden,  Kellogg,  Wright, 
Beardsley,  Kirby,  Fyler. 

Middlesex  County.  —  Messrs.  Brothwell,  Nettleton. 

Tolland  County.  —  Messrs.   Hawkins,  Kinney. 

Whole  number  voting,  ....   146 

Necessary  for  passage,  .         .         .         .74 

Those  voting  Yea,  .         .         .68 

Those  voting  Nay,  .         .         .78 


150  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

ORDER  OF  THE  DAY. 

Mr.  Waller  of  Xew  London  moved  that  the  resolution, 
Convention  Resolution  jSTo.  169,  a  resolution  providing  for 
the  appointment  of  a  committee  of  nine  delegates  to  draft  an 
article  of  the  proposed  Constitution  on  the  subject  of  repre- 
sentation, be  made  the  Order  of  the  Day  for  Tuesday,  March 
4th,  at  12.30  o'clock  P.  M. 

The  motion  prevailed. 

On  motion  of  Mr.  Waller  of  New  London,  the  Convention, 
at  2.27  o'clock  P.  M.,  adjourned,  to  meet  on  Tuesday,  at  12.30 
o'clock  P.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


151 


Tuesday,  March  4,  1902. 

The  Gonvention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  Charles  H. 
Smith  of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E,  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Redfield,  Loomis,  Maltbie,  Miller, 
Cheney,  Cooley,  Vance,  Churchill,  Condell,  Havens,  Bartlett, 
Holcomb,  Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E.  Phelps, 
Healy. 

ISTew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  S.  R.  Woodward,  Eisk,  A.  E.  Smith,  McMahon, 
Stevens,  Griswold,  Webb,  Meigs,  Lines,  Wallace,  Ford, 
Marks,  S.  J.  Bryant,  Davis,  Hotchkiss,  Wooster,  Eussell,  Ken- 
drick,  Upson,  Bishop. 

ISTew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Bromley,  Raymond,  Killeen,  J.  F.  Brown,  Hunt- 
ington, Frink,  Morgan,  Riley,  Hinckley,  E.  B.  Gallup,  C.  A. 
Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  E.  H. 
JSTorthrop,  Bell,  Jennings,  Perry,  Whitlock,  Shelton,  Wanzer, 
C.  H.  Northrop,  A.  B.  Woodward,  Sanford,  Seymour,  Barnes, 
Merritt,  Stagg,  0.  Hall,  Gorham,  Wakeman. 

Windham  County.  —  Messi'^.  Bugbee,  Fitts,  Eivans,  L.  N. 
Clark,  Groesbeck,  Latham,  Somes,  Milner,  Elliott,  Waldo, 
Hunt,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 


152  JOUEXAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 
Beardsley,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H. 
Smith,  Crofut,  D.  T.  Warner,  Kirby,  Etheridge,  Strong, 
Brinsmade,  Woolson,  Curtiss, 

Middlesex  County. — Messrs.  D.  W.  ISTorthrop,  G.  M. 
Clark,  Markham,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple, 
Blake,  Kettleton,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedieu, 
Post. 

Tolland  County.  —  Messrs.  Newcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Pinney, 
W.  H.  Hall. 

Those  absent  and  not  answering  to  their  names  were : 

ISTew  Haven  County.  —  Messrs.  A.  D.  Warner,  Merwin, 
Whittemore. 

Fairfield  County.  —  Messrs.  Woodman,  P.  J.  Walsh, 
Mead,  Chichester. 

Windham  County.  —  Messrs.   Boss,  Burnham. 

Tolland  County.  —  Messrs.  Kinney,  Phelps. 

AVhole   number   answering,    ....   157 
Those  absent  and  not  answering,  .  .  .11 


OEDER  OF  THE  DAY,  12.30  P.  M. 

Convention  Resolution  No.  169.  (See  Convention  Jour- 
nal, FebiTiary  27th.)  A  resolution  raising  a  committee  of 
nine  delegates  to  draft  an  article  of  the  proposed  Constitu- 
tion on  the  subject  of  representation,  embodying  the  princi- 
ples favorably  passed  upon  by  the  committee  of  the  whole,  and 
report,  was  taken  from  the  table. 

Mr.  Sperry  of  South  Windsor  moved  to  amend  by  Schedule 
"  A,"  striking  out  the  words  "  on  the  subject  of  representa- 
tion, embodying  the  principles  favorably  passed  upon  by  the 
committee  of  the  wdiole,"  and  inserting  in  lieu  thereof,  "  em- 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  153 

bodying  the  principles  involved  in  Convention  Resolution  No. 
165   (see  Convention  Jonrnal,  February  25tli)." 

The  amendment  was  discussed  by  Mr,  Sperry  of  Soutli 
Windsor. 

Mr.  Holcomb  of  Southington  moved  to  amend  the  amend- 
ment by  Schedule  "  B." 

The  amendment,  Schedule  "  B,"  was  discussed  by  Messrs. 
Holcomb  of  Southington,  Waller  of  ISTew  London,  Sperry  of 
South  Windsor,  Davenport  of  Bridgeport,  Warner  of  Salis- 
bury, Smith  of  Winchester,  Brown  of  JSTorwich,  and  Clark 
of  Hartford. 

Mr.  Holcomb  of  Southington  withdrew  his  amendment, 
Schedule  "  B." 

The  amendment,  Schedule  "  A,"  was  further  discussed  by 
Messrs.  Fisk  of  Branford,  Hall  of  Willington,  Milner  of 
Plainfield,  Gillette  of  Burlington,  Osbom  of  New  Haven, 
Smith  of  Winchester,  Brown  of  Norwich,  and  Perry  of  Fair- 
field. 

On  motion  of  Mr.  Waller  of  New  London,  the  previous 
question  was  ordered. 

Mr.  Sperry  of  South  Windsor  moved  that  the  vote  be  taken 
by  Yeas  and  Nays. 

The  motion  prevailed. 

The  amendment,  Schedule  "  A,"  did  not  prevail. 

The  vote  was  as  follows : 

Those  voting  Yea  were: 

Hartford  County.  —  Messrs.  C.  H.  Clark,  W.  M.  Brown, 
Pierce,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Grant,  Eedfield, 
Cheney,  Churchill,  Condell,  Holcomb,  Sperry,  Bissell,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  AVarner,  S.  E.  Woodward,  A.  E.  Smith,  Mc- 
Mahon,  Webb,  Lines,  Marks,  S.  J.  Bryant,  Davis,  Wooster, 
Kendrick,  Upson,  Bishop. 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Buell,  Chipman,  Bailey,  Eaymond,  Morgan,  Hinckley. 


154 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Jen- 
nings, Perry,  C.  H.  Northrop,  A.  B.  Woodward,  Seymour, 
Merritt,   Stagg. 

"Windham  County.  —  Mr.  Chandler. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Brothwell,  Blake. 

Tolland  County.  —  Mr.  Pinney. 

Those  voting  Nay  were : 

Hartford  County.  —  Messrs.  Plolmes,  Jarvis,  Dickinson, 
Middleton,  Loomis,  Maltbie,  Miller,  Cooley,  Havens,  BarC- 
lett,  W.  H.  Hall,  Willard,  D.  E.  Phelps. 

New  Haven  County.  —  Messrs.  Fisk,  Stevens,  Griswold, 
Meigs,  Wallace,  Ford,  Hotchkiss,  Russell. 

New  London  County.  —  Messrs.  Miner,  King,  A.  M. 
Brown,  I.  Gillette,  Allyn,  Bromley,  Killeen,  Huntington, 
Frink,  Kiley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  E.  H.  Northrop,  Bell,  Whit- 
lock,  Mead,  Wanzer,  Sanf ord,  Barnes,  O.  Hall,  Gorham, 
Wakeman. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  N. 
Clark,  Groesbeck,  Latham,  Somes,  Milner,  Elliott,  Waldo, 
Hunt,  Bowen. 

Litchfield  Coimty.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 
Beardsley,  AYhittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H. 
Smith,  Crofut,  D.  T.  Warner,  Kirb}^,  Etheridge,  Strong, 
Brinsmade,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  Markham,  Pelton,  Coe,  Hub- 
bard, Purple,  Nettleton,  W.  H.  Smith,  Hale,  L'Hommedieu, 
Post. 

Tolland  County.  —  Messrs.  Newcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  W.  H. 
Hall. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  155 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Mr.  Vance. 

jSTeAv  Haven  County.  —  Messrs.  Merwin,  Wliittemore. 
jSTew  London  County.  —  Mr.  J.  F,  Brown, 
Fairfield  County.  —  Messrs.  Woodman,  'R.  J.  Walsh,  Shel- 
ton,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Burnham. 
Litchfield  County.  —  Mr.  Fyler. 
Middlesex  County.  —  Mr.  Terrill. 
Tolland  County.  —  Messrs.  Kinney,  Phelps. 

Whole  number  voting,  ....  153 

Necessary  for  passage,  .  .  .  .     YY 

Those  voting  Yea,  .  .  .54 

Those  voting  jSTay,  .         .         .99 

Mr.  Bissell  of  Suffield  moved  to  amend  the  resolution  by 
Schedule  "  C,"  providing  the  same  as  Schedule  "  A,"  except 
that  towns  of  less  than  two  thousand  population  shall  have 
one  representative,  towns  from  two  thousand  to  twenty-five 
thousand  two. 

[Mr.  Brown  of  Norwich  in  the  Chair.] 

The  amendment  was  discussed  by  Messrs.  Perry  of  Fair- 
field, Gillette  of  Burlington,  Bryant  of  East  Hartford,  Hall 
of  West  Hartford,  Clark  of  Lladdam,  and  Sperry  of  South 
Windsor. 

On  motion  of  Mr.  Osborn  of  Noav  Haven,  the  previous 
question  was  ordered. 

Mr.  Osborn  of  New  Haven  moved  that  the  vote  be  taken 
by  Yeas  and  Nays. 

The  motion  prevailed. 

[The  President  in  the  Chair.] 
The  amendment,  Schedule  '''  C,"  did  not  prevail. 


156  JOUKXAL    OF    THE    COXSTITUTIONAL    CONVENTION. 

The  vote  was  as  follows: 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  W.  M.  Brown, 
P.  S.  Bryant,  Grant,  Eedfield,  Cheney,  Condell,  Holcomb, 
Sperry,  Bissell,  W.  H.  Hall,  Willard,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  D.  T.  Walsh,  A. 
E.  Smith,  McMahon,  "Webb,  Lines,  Marks,  Kendrick. 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Buell,  Chipman,  Bailey,  J.  F.  Brown,  Morgan,  Hinckley,  C. 
A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Jen- 
nings, Perry,  C.  H.  Northrop,  A.  B.  Woodward,  Seymour, 
Merritt,  Stagg. 

Windham  County.  —  Mr.  Chandler. 

Middlesex  County. — Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Markham,  Blake. 

Tolland  County.  —  Mr.  Pinney. 

Those  voting  Nay  were  : 

Hartford  County.  —  Messrs.  Holmes,  Jarvis,  E.  S.  Gillette, 
Sears,  Dickinson,  Middleton,  Loomis,  Maltbie,  Miller,  Cooley, 
Churchill,  Havens,  Bartlett,  D.  E.  Phelps. 

New  Haven  County.  —  Messrs.  A.  D.  Warner,  S.  R.  Wood- 
ward, Fisk,  Stevens,  Griswold,  Meigs,  Wallace,  Ford,  S.  J. 
Bryant,  Davis,  Wooster,  Russell,  Upson,  Bishop. 

New  London  County.  —  Messrs.  Miner,  King,  A.  M. 
Brown,  I.  Gillette,  Allyn,  Bromley,  Raymond,  Killeen,  Hunt- 
ington, Frink,  Riley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  E.  H.  Northrop,  Bell,  Whit- 
lock,  Shelton,  Mead,  Wanzer,  Sanford,  Barnes,  O.  Hall,  Gor- 
ham,  Wakeman. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  N. 
Clark,  Groesbeck,  Latham,  Somes,  Milner,  Elliott,  Waldo, 
Hunt,  Bowen. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  157 

Litchfield  Coimtv.  —  Messrs.  W.  B.  Smitli,  Beach,  Case, 
Haves,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 
Beardslev,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H. 
Smith,  Crofut,  D.  T.  Warner,  Kirby,  Etheridge,  Strong, 
Brinsmade,  Woolson,  Ciirtiss. 

Middlesex  County.  —  Messrs.  Brothwell,  Pelton,  Coe,  Hub- 
bard, Purple,  Xettleton,  Terrill,  W.  H.  Smith,  Hale,  L'Hom- 
medieu,  Post. 

Tolland  County.  —  Messrs.  Xewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  W.  H. 
Hall. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Pierce,  Vance. 

iSTew  Haven  County.  —  Messrs.  Merwin,  Whittemore. 
.    Fairfield    County.  —  Messrs.    Woodman,    K.    J.    Walsh, 
Chichester. 

Windham  County.  —  Messrs.  Boss,  Burnham. 

Litchfield  County.  —  Mr.  Fyler. 

Tolland  County.  —  Messrs.  Kinney,  Phelps. 

Whole  number  voting,  .  .  .          .153 

Xecessary  for  passage,  .  .  .          .77 

Those  voting  Yea,  .  .  .45 

Those  voting  Nay,  .  .  .    108 

The  following  were  paired  on  the  vote: 

Mr.  Guilfoile  of  Waterbury,  Yea. 
Mr.  Hotchkiss  of  Prospect,  ^STay. 

The  resolution  was  then  discussed  by  Messrs.  Waller  of 
Xew  London,  Warner  of  Salisbury,  Bro^vn  of  iSTorwich,  Gris- 
wold  of  Guilford,  and  Perry  of  Fairfield. 

Mr.  Loomis  of  Glastonbury  moved  that  the  previous  ques- 
tion be  ordered. 


1.^8  JOURXAL    OF    THE    COXSTITUTIONAL    COXVENTIOX. 

Mr.  Sperrj  of  South.  Windsor  moved  that  the  vote  on 
ordering  the  previous  question  be  taken  bj  Yeas  and  Xays. 

The  motion  did  not  prevail. 

The  motion  that  the  previous  question  be  ordered  prevailed. 

Mr.  Brown  of  Xorwich  moved  that  the  vote  on  the  resolu- 
tion be  taken  by  Yeas  and  iiSTajs. 

The  motion  prevailed. 

The  resolution  was  then  passed. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Holmes,  Dickinson,  Loomis, 
Maltbie,  Miller,  Cooley,  Havens,  Bartlett,  D.  E.  Phelps. 

Xew  Haven  County.  —  Messrs.  S.  E.  AYoodward,  Fisk, 
Griswold,  Meigs,  Ford,  Russell. 

New  London  County.  —  Messrs.  ]\liner.  King,  A.  M. 
Brown,  I.  Gillette,  Allyn,  Bromley,  Raymond,  Killeen,  Frink, 
Eiley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  E.  H.  Xorthrop, 
Bell,  Mead,  Wanzer,  Sanford,  Barnes,  Gorham. 

Windham  County.  —  Messrs.  Fitts,  Evans,  L.  X.  Clark, 
Groesbeck,  Latham,  Somes,  Elliott,  Waldo,  Hunt,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 
Beardsley,  J.  F.  Smith,  O'Connor,  Camp,  C.  H.  Smith,  Cro- 
fut,  D.  T.  Warner,  Etheridge,  Strong,  Brinsmade,  Woolson, 
Curtiss. 

Middlesex  County.  —  Messrs.  Pelton,  Hubbard,  Purple, 
Nettleton,  Hale,  Post. 

Tolland  County.  —  Messrs.  jSTewcomb,  Sumner,  Collins, 
Charter,  Porter,  Ston-s. 

Those  voting  iSTay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Middleton,  Grant, 


JOUKNA.L    OF    THE    COXSTITUTIOXAL    CONVENTIONS^  159 

Kedfiekl,  Cheney,  Yance,  Churchill,  Condell,  Holcomb, 
Sperry,  Bissell,  W.  H.  Hall,  Willard,  Healy. 

New  Haven  County.  —  Messrs.  Osbom,  D.  T.  Walsh,  A. 
D.  "Warner,  A.  E.  Smith,  McMahon,  Stevens,  Webb,  Lines, 
Wallace,  Marks,  S.  J.  Bryant,  Davis,  Wooster,  Kendrick,  Up- 
son, Bishop. 

ISTew  London  County. — Messrs.  Waller,  F.  T.  Bro^\^^, 
Buell,  Chipman,  Bailey,  J.  F.  Brown,  Huntington,  Morgan, 
Hinckley,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Jennings,  Perry, 
Whitlock,  Wanzer,  C.  H.  jSTorthrop,  A.  B.  AVoodward,  Sey- 
mour, Merritt,  Stagg,  O.  Hall,  Wakeman. 

Windham  County.  —  Messrs.  Bugbee,  Milner,  Chandler. 

Litchfield  County.  —  Messrs.  Whittlesey,  Kirby. 

Middlesex  County.  —  Messrs.  D.  W.  ISTorthrop,  G.  M. 
Clark,  Markham,  Brothwell,  Blake,  Terrill,  W.  H.  Smith, 
L'Hommedieu. 

Tolland  County.  —  Messrs.  Skinner,  Hawkins,  Keeney, 
Pinney,  W.  H.  Hall. 

Those  absent  and  not  voting  were : 

Hartford   County.  —  Mr.   Pierce. 
jS^ew  Haven  County.  —  Messrs.  Merwin,  Whittemore. 
Fairfield  County.  —  Messrs.  Woodman,  R.  J.  AValsh,  Shel- 
tou,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Burnham. 
Litchfield  County.  —  Mr.  Fyler. 
Middlesex  County.  —  Mr.  Coe. 
Tolland  County.  —  Messrs.  Kinney,  Phelps. 

Whole  number  voting,  .  .  .  .152 

Necessary  for  passage,  .  .  .         .77 

Those  voting  Yea,  .  .  .78 

Those  voting  Nay,  .  .  .74 


160  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

The  following  were  paired  on  the  vote : 

Mr.  Gnilfoile  of  Waterbury,  Yea. 
Mr.  Hotchkiss  of  Prospect,  Nay. 

Convention  Resolution  No.  157.  (See  Convention  Jour- 
nal, February  19th.)  A  resolution  concerning  the  submis- 
sion of  changes  in  the  Constitution  to  the  people,  was  taken 
from  the  table,  on  motion  of  Mr.  Waller  of  New  London. 

The  resolution  was  discussed  by  Messrs.  Waller  of  New 
London,  Northrop  of  Middleto^vn,  and  Clark  of  Haddam. 

On  motion  of  Mr.  Clark  of  Haddam,  the  resolution  was 
tabled. 

On  motion  of  Mr.  Clark  of  Haddam,  the  Convention,  at 
3.37  o'clock  P.  M.,  adjourned,  to  meet  on  Wednesday,  at  11 
o'clock  A.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  161 


Wednesday,  March  5,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Kev.  William  Martin 
Brown  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were  : 

Hartford  Connty.  —  Messi-s.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Eedfield,  Loomis,  Maltbie,  Miller, 
Cooley,  Vance,  Churchill,  Condell,  Havens,  Bartlett,  Hol- 
comb,  Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E.  Phelps, 
Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  S.  K.  Woodward,  Fisk,  A.  E.  Smith,  McMahon, 
Stevens,  Griswold,  Webb,  Meigs,  Lines,  Wallace,  Ford, 
Marks,  S.  J.  Bryant,  Davis,  Hotchkiss,  Woostcr,  Russell, 
Kendrick,  IJpson. 

Isew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Bromley,  Killeen,  J.  F.  Brown,  Huntington, 
Frink,  Morgan,  Riley,  Hinckley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  E.  H. 
ISTorthrop,  Bell,  Jennings,  Perry,  Shelton,  Wanzer,  C.  H. 
Xorthrop,  A.  B.  Woodward,  Sanford,  Seymour,  Barnes,  Mer- 
ritt,  Stagg,  O.  Hall,  Gorham,  Wakeman,  Chichester. 

Windham  County.  —  ]\Iessrs.  Bugbee,  Fitts,  Evans,  L.  IST. 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wi-ight,  Ely, 
c.  c— 11 


1G2  .lOUKXAL    OF    THE    CONSTITUTIONAL    COXVEXTIOX. 

Beardsley,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H. 
Smith,  Crofnt,  D.  T.  AVarner,  Kirby,  Etheridge,  Strong, 
Brinsmade,  Woolson,  Cnrtiss. 

Middlesex  County.—  Messrs.  D.  AY.  Xorthrop,  G.  M.  Clark, 
Broth  well,  Pelton,  Coe,  Hnbbard,  Purple,  Blake,  N^ettleton, 
Terrill,  ^Y.  H.  Smith,  Hale,  Post. 

Tolland  County.  —  Messrs.  Xewcomb,  Skinner,  Snmner, 
Collins,  Charter,  Porter,  W.  H.  Hall. 

Those  absent  and  not  answering  to  their  names  were : 

Hartford  Connty.  —  Mr.  Cheney. 

New  Haven  Connty.  —  Messrs.  A.  D.  Warner,  Merwin, 
W^hittemore,  Bishop. 

Xew  London  Connty.  —  M)-.  Raymond. 

Pairfield  Connty.  —  Messrs.  Dempsey,  E.  J.  Walsh,  Whit- 
lock,  Mead. 

AVindham  Connty.  —  Messrs.  Boss,  Hunt. 

Litchfield  Connty.  — Mr.  Fyler. 

Middlesex  County.  —  Messrs.  Markham,  L'Hommedien. 

Tolland  Connty.  —  Messrs.  Hawkins,  Storrs,  Keeney,  Pin- 
ney,  Kinney,  Phelps. 

Whole  number  answering,  .  .  147 

Those  absent  and  not  answering,     .  21 

APPOINTMENT    OF    A    COMMITTEE. 

The  President  appointed  the  following  committee  to  draft 
an  article  of  the  Constitution  on  the  question  of  representation 
in  the  General  Assembly  (see  Convention  Journal,  March 
4th) : 

Theodore  M.  Maltbie  of  Granby,  Chairman. 
Frank  W.  Etheridge  of  Thomaston. 
Charles  A.  Pelton  of  Clinton. 
Samuel  J.  Bryant  of  Orange. 
Eugene  C.  Dempsey  of  Danbury. 


.TOUE^'AL    OF    THE    COI^STITCTIOXAL    CONVEXTIOX.  163 

John  C.  Brinsmade  of  Washington. 
Anrin  P.  Somes  of  Killinglv. 
Joseph  S.  Huntington  of  Old  Lyme. 
Francis  M.  Charter  of  Ellington. 

CONVENTION    RESOLUTIONS. 

Convention  Eesolntion  'No.  170.  Mr.  Perrv  of  Fairfield  in- 
troduced a  resolntion  adopting  the  Preamble  and  Bill  of 
Bights  of  the  present  Constitution. 

The  resolution  was  discussed  bv  Messrs.  Perry  of  Fairfield 
and  Warner  of  Salisbury. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  Xo.  ITI.  Mr.  Perry  of  Fairfield  in- 
troduced a  resolution  referring  all  resolutions  concerning  the 
Preamble  and  Bill  of  Rights  to  the  committee  of  the  whole 
for  consideration,  and  providing  that  no  other  matter  should 
be  considered  until  they  were  disposed  of. 

The  resolution  was  passed. 

Convention  Resolution  Xo.  172.  Mr.  Waller  of  Xew  Lon- 
don introduced  a  resolution  that  a  committee  of  nine  be  ap- 
pointed to  report  an  article  or  section  of  the  Constitution  to 
this  Convention  for  its  consideration,  providing  that  the  right 
of  trial  by  jury  shall  remain  inviolate  and  shall  extend  to  all 
hearings  in  damages  in  actions  at  law  at  the  request  of  either 
party. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Mr.  AVarner  of  Salisbury  moved  that  the  Convention  go  into 
committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  11.25  o'clock 
A.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE    WHOLE. 

The  committee  was  called  to  order  at  11.26  o'clock  A. 
^L,  Chairman  Perry  in  the  Chair. 

3f  r.  Vance  of  Xew  Britain  moved  that  wherever  the  words 


164  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

"  men  or  people  "  occur  in  the  Preamble,  that  they  be  stricken 
out  and  the  words  '^  people  and  toAvns  "  be  substitnted  in  lieu 
thereof. 

The  motion  was  discussed  by  Messrs.  Vance  of  ]^ew  Britain 
and  Davenport  of  Bridgeport. 

The  motion  did  not  prevail. 

Mr.  Andrews  of  Litchfield  moved  that  the  committee  adopt 
the  Preamble  as  it  exists  in  the  present  Constitution,  and  re- 
port the  same  favorably  to  the  Convention,  with  the  recom- 
mendation that  it  adopt  the  same  and  place  it  at  the  head  of 
the  Constitution  to  be  adopted  by  the  Convention. 

The  motion  prevailed. 

The  Preamble  is  as  follows  :  . 

PREAMBLE. 

The  people  of  Connecticut,  acknowledging  with  gratitude 
the  good  providence  of  God,  in  having  pennitted  them  to  en- 
joy a  free  government,  do,  in  order  more  effectually  to  define, 
secure,  and  perpetuate  the  liberties,  rights,  and  privileges 
which  they  have  derived  from  their  ancestors,  hereby,  after  a 
careful  consideration  and  revision,  ordain  and  establish  the 
following  Constitution,  and  form  of  civil  government. 

Mr.  Andrews  of  Litchfield  moved  that  the  committee  adopt 
Article  First  and  Section  1  of  the  Declaration  of  Eights  in  the 
present  Constitution,  and  report  the  same  favorably  to  the 
Convention,  and  request  the  Convention  to  adopt  the  same 
and  place  them  in  the  Constitution  to  be  adopted. 

The  motion  prevailed. 

The  following  are  the  Sections  adopted : 

Article  Eirst. 

DECLARATION    OF    RIGHTS. 

That  the  great  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  established. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  165 

WE  DECLAKE, 

Section  1.  That  all  men,  when  they  form  a  social  compact, 
are  equal  in  rights;  and  that  no  man  or  set  of  men  are  en- 
titled to  exclusive  public  emoluments  or  privileges  from  the 
community. 

Mr.  Andrews  of  Litchfield  moved  that  the  committee  adopt 
Sections  2  and  3  of  the  Declaration  of  Eights  in  the  present 
Constitution,  and  report  the  same  favorably  to  the  Conven- 
tion, and  request  the  Convention  to  adopt  the  same  and  place 
them  in  the  Constitution  to  be  adopted. 

The  motion  prevailed. 

The  following  are  the  sections  adopted : 

Sec.  2.  That  all  political. power  is  inherent  in  the  people, 
and  all  free  governments  are  founded  on  their  authority,  and 
instituted  for  their  benefit ;  and  that  they  have  at  all  times  an 
undeniable  and  indefeasible  right  to  alter  their  form  of  gov- 
ernment in  such  a  manner  as  they  may  think  expedient. 

Sec.  3.  The  exercise  and  enjoyment  of  religious  profes- 
sion and  worship,  "without  discrimination,  shall  forever  be 
free  to  all  persons  in  this  State,  provided  that  the  right  hereby 
declared  and  established  shall  not  be  so  construed  as  to  ex- 
cuse acts  of  licentiousness,  or  to  justify  practices  inconsistent 
with  the  peace  and  safety  of  the  State. 

Mr.  Andrews  of  Litchfield  moved  that  the  committee  adopt 
Section  4  of  the  Declaration  of  Rights  in  the  present  Consti- 
tution, and  report  the  same  favorably  to  the  Convention,  and 
request  the  Convention  to  adopt  the  same  and  place  it  in  the 
Constitution  to  be  adopted. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Conven- 
tion Eesolution  jSTo.  80,  striking  out  the  word  "  Christian  " 
in  said  section,  and  insert  in  lieu  thereof  the  word  "  religious." 

The  motion  was  discussed  by  Messrs.  Davenport  of  Bridge- 
port, Webb  of  Hamden,  Smith  of  Plymouth,  Brown  of  Nor- 
wich, Waller  of  ISTew  London,  x\ndrews  of  Litchfield,  and 
Pierce  of  Bristol. 


166  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

The  motion  to  amend  did  not  prevail. 

The  motion  then  prevailed. 

The  following  is  the  section  adopted : 

Sec.  4.  1^0  preference  shall  be  given  bv  law  to  anv  Chris- 
tian sect  or  mode  of  worship. 

Mr.  Andrews  of  Litchfield  moved  that  the  committee  adopt 
Section  5  of  the  Declaration  of  Eights  in  the  present  Con- 
stitntion,  and  report  the  same  favorably  to  the  Convention, 
and  request  the  Convention  to  adopt  the  same  and  place  it  in 
the  Constitution  to  be  adopted. 

The  motion  prevailed. 

The  following  is  the  section  adopted : 

Sec.  5.  Every  citizen  may  freely  speak,  write,  and  pub- 
lish his  sentiments  on  all  subjects,  being  responsible  for  the 
abuse  of  that  liberty. 

Mr,  Andrews  of  Litchfield  moved  that  the  Committee  adopt 
Section  6  of  the  Declaration  of  Rights  in  the  present  Consti- 
tution, and  report  the  same  favorably  to  the  Convention,  and 
request  the  Convention  to  adopt  the  same  and  place  it  in  the 
Constitution  to  be  adopted. 

Mr.  Pierce  of  Bristol  moved  to  amend. 

The  motion  to  amend  was  discussed  by  Messrs.  Pierce  of 
Bristol,  Brown  of  ISTorwich,  Waller  of  New  London,  Xorthrop 
of  Middletown,  Warner  of  Salisbury,  Andrews  of  Litchfield, 
and  Redfield  of  Farmington. 

The  motion  to  amend  did  not  prevail. 

The  motion  prevailed. 

The  following  is  the  section  adopted : 

Sec.  6.  No  law  shall  ever  be  passed  to  curtail  or  restrain 
the  liberty  of  sjDeech  or  of  the  press. 

[Mr.  Webb  of  Hamden  in  the  Chair.] 

Mr.  Andrews  of  Litchfield  moved  that  the  committee  adopt 
Sections  7  and  8  of  the  Declaration  of  Eights  in  the  present 
Constitution,  report  the  same  favorably  to  the  Convention,  re- 


JOURNAL    OF    THE    COXSTITUTIOXAL    C0:!\  VENTIOX.  167 

quest  the  Convention  to  adopt  the  same  and  place  them  in  the 
Constitution  to  be  adopted. 

The  motion  prevailed. 

The  following  are  the  sections  adopted : 

Sec.  7.  In  all  prosecutions  or  indictments  for  libels,  the 
truth  may  be  given  in  evidence,  and  the.  jury  shall  have  the 
a'ight  to  determine  the  law  and  the  facts,  under  the  direction 
of  the  court. 

Sec.  8.  The  people  shall  be  secure  in  their  persons, 
houses,  papers,  and  possessions  from  unreasonable  searches  or 
seizures;  and  no  warrant  to  search  any  place,  or  to  seize  any 
person  or  things,  shall  issue  without  describing  them  as  nearly 
as  may  be,  nor  without  probable  cause  supported  by  oath  or 
affirmation. 

Mr.  Andrews  of  Litchfield  moved  that  the  committee  adopt 
Section  9  of  the  Declaration  of  Rights  in  the  present  Consti- 
tution, report  the  same  favorably  to  the  Convention,  and 
request  the  Convention  to  adopt  the  same  and  place  it  in  the 
Constitution  to  be  adopted. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  the  section 
by  Convention  Resolution  Xo.  81. 

Mr.  AYalsh  of  Ansonia  moved  to  amend  the  amendment 
by  Convention  Resolution  jSTo.  104. 

The  motion  was  discussed  by  Messrs.  Davenport  of  Bridge- 
port, Andrews  of  Litchfield,  Waller  of  Kew  London,  Pierce 
of  Bristol,  and  Walsh  of  Ansonia. 

Mr.  Healy  of  Windsor  Locks,  at  12.55  o'clock  P.  M.,  moved 
that  the  committee  of  the  whole  take  a  recess  until  2  o'clock 
P.  M. 

The  motion  prevailed. 


168     JOURNAL  OF  THE  CONSTITUTIOKAL  CONVENTION. 

"Wednesday  afternoon,  March  5,  1902. 

The  committee  was  called  to  order  at  2  o'clock  P.  M., 
Chairman  Perry  in  the  Chair. 

The  Chairman  stated  that  the  first  business  before  the  com- 
mittee was  the  amendment,  Schedule  "  B,"  offered  by  Mr. 
Walsh  of  Ansonia,  to  the  amendment,  Schedule  "  A,"  offered 
by  Mr.  Davenport  of  Bridgeport,  to  Section  9  of  Article  First 
of  the  Bill  of  Rights. 

The  amendment,  Schedule  "  B,"  was  discussed  by  Messrs. 
Walsh  of  Ansonia,  Andrews  of  Litchfield,  Davenport  of 
Bridgeport,  Warner  of  Salisbury,  and  Waller  of  New  London. 

The  amendment.  Schedule  "  B,"  did  not  prevail. 

The  amendment.  Schedule  "  A,"  was  discussed  by  Messrs. 
Warner  of  Salisbury,  Waller  of  ISTew  London,  Webb  of  Ham- , 
den,  and  Davenport  of  Bridgeport. 

The  amendment.  Schedule  "  A,"  prevailed. 

Pollowing  is  the  amendment : 

Schedule  "  A." 

Add  to  Section  9  the  following :  "  No  person  shall  be  sub- 
ject, for  the  same  offense,  to  be  twice  put  in  jeopardy  of  life 
or  limb." 

Section  9  was  then  adopted  as  amended. 

Following  is  the  section  as  amended : 

Sec.  9.  In  all  criminal  prosecutions,  the  accused  shall  have 
the  right  to  be  heard  by  himself  and  by  counsel;  to  demand  the 
nature  and  cause  of  the  accusation;  to  be  confronted  by  the 
witnesses  against  him;  to  have  compulsory  process  to  obtain 
witnesses  in  his  favor;  and  in  all  prosecutions  by  indictment 
or  information,  a  speedy  public  trial  by  an  impartial  jury.  He 
shall  not  be  compelled  to  give  evidence  against  himself,  nor 
be  deprived  of  life,  liberty,  or  property,  but  by  due  process  of 
law.  And  no  person  shall  be  holden  to  answer  for  any  crime, 
the  punishment  of  which  may  be  death  or  imprisonment  for 
life,  unless  on  a  presentment  or  indictment  of  a  grand  jury; 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  169 

except  in  the  land  or  naval  forces,  or  in  the  militia  when  in 
actual  service  in  time  of  war,  or  public  danger.  !N^o  person 
shall  be  subject,  for  the  same  offense,  to  be  twice  put  in 
jeopardy  of  life  or  limb. 

Mr.  Brown  of  Korwich  moved  that  the  committee  adopt 
Section  10  in  the  present  Constitution,  report  the  same  favor- 
ably to  the  Convention,  and  request  the  Convention  to  adopt  it 
and  place  the  same  in  the  Constitution  to  be  adopted. 

Mr.  Pierce  of  Bristol  moved  to  amend  the  section  by 
Schedule  "  A." 

The  amendment  did  not  prevail. 

Mr.  Waller  of  jSTew  London  moved  that  the  consideration 
of  Section  10  be  postponed  until  the  next  session  of  the  com- 
mittee, and  that  the  amendment  be  printed  in  the  Journal. 

The  motion  was  discussed  by  Messrs.  Waller  of  New  Lon- 
don, Guilfoile  of  Waterbury,  Clark  of  Haddam,  and  Hotch- 
kiss  of  Prospect. 

Mr.  Waller  of  ]^ew  London  withdrew  his  motion. 

Mr.  Davenport  of  Bridgeport  moved  that  the  consideration 
of  Section  10  be  postponed  until  the  next  session  of  the  com- 
mittee. 

The  motion  did  not  prevail. 

Section  10  was  then  adopted. 

Following  is  the  section : 

Sec.  10.  No  person  shall  be  arrested,  detained,  or  punished 
except  in  cases  clearly  warranted  by  law. 

Mr.  Brown  of  Norwich  moved  that  the  committee  adopt 
Section  11  of  the  present  Constitution,  report  the  same  favor- 
ably to  the  Convention,  and  request  the  Convention  to  adopt 
it  and  place  it  in  the  Constitution  to  be  adopted. 

The  motion  prevailed. 

The  following  is  the  section  adopted : 

Sec.  11.  The  property  of  no  person  shall  be  taken  for 
public  use,  without  just  compensation  therefor. 

Mr.  Brown  of  Norwich  moved  that  the  committee  adopt 
Section  12  of  the  present  Constitution,  report  the  same  favor- 


170  JOURNAL    OF    THE    COXSTITUTIONAL    CONVENTION. 

ably  to  the  Convention,  and  request  the  Convention  to  adopt 
it  and  phace  it  in  the  Constitution  to  be  adopted. 

The  motion  prevailed. 

The  following  is  the  section  adopted : 

Sec.  12.  All  courts  shall  be  open,  and  every  person,  for 
any  injury  done  to  him  in  his  person,  property,  or  reputation, 
shall  have  remedy  by  due  course  of  law,  and  right  and  justice 
administered  without  sale,  denial,  or  delay. 

Mr.  Brown  of  Norwich  moved  that  the  committee  adopt 
Section  13  of  the  present  Constitution,  report  the  same  favor- 
ably to  the  Convention,  and  request  the  Convention  to  adopt 
it  and  place  it  in  the  Constitution  to  be  adopted. 

The  motion  prevailed. 

The  following  is  the  section  adopted : 

Sec.  13.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed. 

Mr.  Brown  of  Norwich  moved  that  the  committee  adopt 
Section  14  of  the  present  Constitution,  report  the  same  favor- 
ably to  the  Convention,  and  request  the  Convention  to  adopt 
it  and  place  it  in  the  Constitution  to  be  adopted. 

The  motion  prevailed. 

The  following  is  the  section  adopted : 

Sec.  14.  All  prisoners  shall,  before  conviction,  be  bailable 
by  sufficient  sureties,  except  for  capital  offenses,  Avhere  the 
proof  is  evident,  or  the  presumption  great;  and  the  privileges, 
of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
when  in  case  of  rebellion,  or  invasion,  the  public  safety  may 
require  it;  nor  in  any  case,  but  by  the  legislature. 

Mr.  Brown  of  Norwich  moved  that  the  committee  adopt 
Section  15  of  the  present  Constitution,  report  the  same  favor- 
ably to  the  Convention,  and  request  the  Convention  to  adopt 
it  and  place  it  in  the  Constitution  to  be  adopted. 

The  motion  prevailed. 

The  following  is  the  section  adopted : 

Sec.  15.  No  person  shall  be  attainted  of  treason  or  felony, 
by  the  legislature. 


JOURXAL    OF    THE    COXSTITUTIOXAL    COXVEXTIOX.  171 

Mr.  Brown  of  Xorwich  moved  that  the  committee  adopt 
Section  16  of  the  present  Constitution,  report  the  same  favor- 
ably to  the  Convention,  and  request  the  Convention  to  adopt 
it  and  place  it  in  the  Constitution  to  be  adopted. 

The  motion  prevailed. 

The  following  is  the  section  adopted : 

Sec.  16.  The  citizens  have  a  right,  in  a  peaceable  manner, 
to  assemble  for  their  common  good,  and  to  applv  to  those 
invested  with  the  powers  of  government,  for  redress  of  griev- 
ances, or  other  proper  purposes,  by  petition,  address,  or  re- 
monstrance. 

Mr.  Brown  of  ISTorwich  moved  that  the  committee  adopt 
Section  17  of  the  present  Constitution,  report  the  same  favor- 
ably to  the  Convention,  and  request  the  Convention  to  adopt 
it  and  place  it  in  the  Constitution  to  be  adopted. 

The  motion  prevailed. 

The  following  is  the  section  adopted  : 

Sec.  17.  Every  citizen  has  a  right  to  bear  arms  in  defense 
of  himself  and  the  State. 

]\rr.  Brown  of  Xorwich  moved  that  the  committee  adopt 
Section  18  of  the  present  Constitution,  report  the  same  favor- 
ably to  the  Convention,  and  request  the  Convention  to  adopt 
it  and  place  it  in  the  Constitution  to  be  adopted. 

The  motion  prevailed. 

The  follo-udng  is  the  section  adopted : 

Sec.  18.  The  military  shall,  in  all  cases,  and  at  all  times, 
be  in  strict  subordination  to  the  civil  power. 

Mr.  Brown  of  Xorwich  moved  that  the  committee  adopt 
Section  19  of  the  present  Constitution,  report  the  same  favor- 
ably to  the  Convention,  and  request  the  Convention  to  adopt 
it  and  place  it  in  the  Constitution  to  be  adopted. 

The  motion  prevailed. 

The  following  is  the  section  adopted : 

Sec.  19.  Xo  soldier  shall,  in  time  of  peace,  be  quartered 
in  any  house,  without  the  consent  of  the  owner;  nor  in  time 
of  war,  but  in  a  manner  to  be  prescribed  by  law. 


172  JOURNAL    OF    THE    COiS'STITUTIONAL    CONVENTION. 

Mr,  Brown  of  Norwich  moved  that  the  committee  adopt 
Section  20  of  the  present  Constitution,  report  the  same  favor- 
ably to  the  Convention,  and  request  the  Convention  to  adopt 
it  and  place  it  in  the  Constitution  to  be  adopted. 

The  motion  prevailed. 

The  following  is  the  section  adopted : 

Sec.  20.  oSTo  hereditary  emoluments,  privileges,  or  honors 
shall  ever  be  granted  or  conferred  in  this  State. 

]VIr.  Brown  of  Norwich  moved  that  the  committee  adopt 
Section  21  of  the  present  Constitution,  report  the  same  favor- 
ably to  the  Convention,  and  request  the  Convention  to  adopt 
it  and  place  it  in  the  Constitution  to  be  adopted. 

Mr.  Waller  of  New  London  moved  to  postpone  considera- 
tion of  the  section  until  the  next  session  of  the  committee  of 
the  whole. 

The  motion  was  discussed  by  Messrs.  Waller  of  New  Lon- 
don, Brown  of  Nor^vich,  and  Clark  of  Haddam. 

By  unanimous  consent,  Mr.  Waller  of  New  London  with- 
drew his  motion. 

Mr,  Davenport  of  Bridgeport  moved  to  postpone  considera- 
tion of  the  section  until  the  next  session  of  the  committee  of 
the  whole. 

The  motion  was  discussed  by  Messrs.  Davenport  of  Bridge- 
port, Milner  of  Plainfield,  Webb  of  Hamden,  Loomis  of  Glas- 
tonbury, and  Warner  of  Salisbury. 

The  motion  prevailed. 

Mr.  Andrews  of  Litchfield  moved  that  the  committee  adopt 
Article  Second  of  the  Distribution  of  Powers  of  the  present 
Constitution,  report  the  same  favorably  to  the  Convention,  and 
request  the  Convention' to  adopt  it  and  place  it  in  the  Consti- 
tution to  be  adopted. 
The  motion  prevailed. 
The  following  is  the  article  adopted : 
Article  Second. 
OF  THE  DISTEIBUTION  OF  POWERS. 
The  powers  of  government  shall  be  divided  into  three  dis- 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


173 


tinct  departments,  and  each  of  them  confided  to  a  separate 
magistracy,  to  wit,  those  which  are  legislative,  to  one;  those 
which  are  executive,  to  another;  and  those  which  are  judicial, 
to  another. 

Mr.  Davenport  of  Bridgeport,  at  3.14  P.  M.,  moved  that 
the  committee  of  the  whole  rise,  and  that  the  Chairman  be  in- 
structed to  report  to  the  Convention  the  favorable  action  of 
the  committee  on  the  matters  referred  to  it,  and  ask  leave  to 
sit  again. 

The  motion  prevailed. 


'  Wednesday  afternoon,  March  5,  1902. 

The  Convention  was  called  to  order  at  3.15  P.  M.,  the 
President  in  the  Chair. 

The  Chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen  after  instructing  him  to  report  favorably  certain  mat- 
ters adopted  by  the  committee,  and  ask  leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

Mr.  Loomis  of  Glastonbury  moved  that  the  Chairman  of 
the  committee  of  the  whole  report  to  the  Convention  the  action 
of  the  committee  on  the  matters  referred  to  it. 

The  motion  prevailed. 

The  Chairman  of  the  committee  of  the  whole  then  reported 
to  the  Convention  that  the  committee  of  the  whole  had 
adopted  the  Preamble  of  the  present  constitution  and  the  first 
twenty  sections  of  the  Declaration  of  Rights  of  the  present 
Constitution,  with  the  following  amendment  to  Section  9 : 
''  ISTo  person  shall  be  subject,  for  the  same  offense,  to  be  twice 
put  in  jeopardy  of  life  or  limb,"  and  also  Article  Second  of  the 
Distribution  of  Powers. 

On  motion  of  Mr.  Loomis  of  Glastonbury,  the  report  was 
tabled. 


174  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

CONVENTION    RESOLUTION. 

Convention  Eesolntion  Xo.  173.  Mr.  Bryant  of  East  Hart- 
ford introdncGcl  a  resolution  that  all  pending  resolutions,  ex- 
cept those  pertaining-  to  the  legislative  department,  be  printed 
and  placed  in  the  files. 

The  motion  prevailed. 

Mr,  Bryant  of  East  Hartford  moved  that  the  amendment 
offered  by  Mr.  Pierce  of  Bristol  to  Section  10  be  printed  in 
the  Journal. 

The  motion  prevailed. 

The  following  is  the  amendment: 

Add  to  Section  10  the  following :  "  and  in  proceedings  to 
pnnish  for  contempt  of  conrt,  in  the  disobedience  of  orders  of 
injunction  by  acts  not  committed  in  the  presence  of  the  conrt. 
the  accused  shall,  upon  his  request,  be  entitled  to  trial  by  jury 
upon  due  information  or  indictment  in  the  proper  court  of 
criminal   jurisdiction." 

On  motion  of  Mr.  Davenport  of  Bridgeport,  the  Conven- 
tion, at  3.19  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday, 
at  11  o'clock  A.  M. 


JOURNAL    OF    THE  .  CONSTITUTIONAL    CONVENTION.  175 


Tlnirsday,  Marcli  6,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M.,  the 
President  in  tlie  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  Charles  H.  Smith 
of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Redfield,  Loomis,  Maltbie,  Miller, 
Cooley,  Churchill,  Condell,  Havens,  Bartlett,  Holcomb, 
Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilf oile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  R  Woodward,  A.  E.  Smith,  Mc- 
Mahon,  Stevens,  Griswold,  Webb,  Lines,  Wallace,  Ford, 
Marks,  S.  J.  Bryant,  Hotchkiss,  Wooster,  Russell,  Kendrick, 
Bishop. 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  King,  Bailey,  I.  Gillette,  Allyn,  Bromley,  Ray- 
mond, Killeen,  J.  F.  Brown,  Huntington,  Riley,  Hinckley, 
C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  Northrop,  Jennings,  Perry,  Whitlock,  Wanzer,  A. 
B.  Woodward,  Sanford,  Seymour,  Barnes,  Merritt,  Stagg,  0. 
Hall,  Gorham,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  X. 
Clark,  Burnham,  Milner,  Elliott,  Waldo,  Chandler,  BoAven. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Belden,  J.  H.  Smith,  Ely,  Beardsley,  Whittlesey,  J. 


176 


JOURNAL    OF    THE    COXSTITUTIOXAL    COXVENTIOX. 


F.  Smith,  O'Connor,  Camp,  C.  H.  Smith,  Crofut,  D.  T.  War- 
ner, Kirby,  Etheridge,  Strong,  Brinsmacle,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  D.  "W.  Xorthrop,  G.  M. 
Chirk,  Markham,  Pelton,  Coe,  Hubbard,  Purple,  Xettleton, 
Terrill,  AY.  H.  Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Collins, 
Charter,  Porter,  Storrs,  Pinney,  AV.  H.  Hall. 

Those  absent  and  not  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  Cheney,  Vance. 

Xew  Haven  County.  —  Messrs.  Fisk,  Meigs,  Merwin, 
Whittemore,  Davis,  Upson. 

New  London  County.  —  Messrs.  Chipman,  A.  M.  Brown, 
Frink,  Morgan,  E.  B.  Gallup. 

Fairfield  County. — Messrs.  Bell,  K.  J.  Walsh,  Shelton, 
Mead,  C.  H.  Northrop. 

Windham  County.  —  Messrs.  Boss,  Groesbeck,  Latham, 
Somes,  Hunt. 

Litchfield  County.  —  Messrs.  Mallett,  Kellogg,  Wright, 
Fyler. 

Middlesex  County. — Messrs.  Brothwell,  Blake. 

Tolland  County.  —  Messrs.  Newcomb,  Hawkins,  Keeney, 
Kinney,  Phelps. 

Whole  number  answering,     ....  135 
Those  absent  and  not  answering,  .  .  .33 

REPORT   OF   A   COMMITTEE. 

The  report  of  the  committee  appointed  to  draft  an  article 
of  the  Constitution  on  the  question  of  representation  (see  Con- 
vention Journal,  March  5th),  was  presented  by  Mr.  Maltbie, 
Chairman  of  the  committee  on  the  part  of  the  Convention, 
with  an  accompanying  resolution  (Convention  Resolution  No. 
174),  a  resolution  concerning  the  Legislative  Department  of 


JOUKNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  177 

the  State  of  Connecticut,  recommending  the  passage  of  the 
resolution. 

Mr.  Maltbie  of  Granbv  moved  that  the  report  of  the  com- 
mittee and  the  accompanying  resolntion  be  tabled,  and  that 
the  report  and  the  resolution  be  printed  and  placed  in  the  files. 

The  motion  prevailed. 

QUESTIONS    OF    PRIVILEGE. 

Mr.  Huntington  of  Old  Lyme  rose  to  a  question  of  personal 
privilege  and  explained  that  the  reason  he  did  not  sign  the 
report  of  the  committee  just  submitted,  was  that  he  was  not 
now  in  accord  with  the  proposition  submitted  by  the  committee 
in  the  proposed  resolution.  And  that  while  he  had  previously 
voted  for  a  House  of  Representatives  of  one  hundred  and 
sixty-eight  members  and  a  Senate  of  sixty  members,  he  was 
now  of  the  opinion  that  the  adoption  of  the  resolution  sub- 
mitted by  the  committee  would  be  the  worst  thing  that  could 
happen  to  the  small  towns. 

Mr.  Bryant  of  Orange  rose  to  a  question  ©cf  personal  privi- 
lege, and  explained  that  the  reason  he  did  not  sign  the  report 
of  the  committee  was  that  he  regarded  it  as  tentative  and  that 
his  opposition  to  the  proposition  contained  in  their  resolution 
had  been  so  emphatic  that  he  wished  to  further  emphasize  his 
opposition  by  refusing  to  sign  the  report  submitted. 

Mr.  Holcomb  of  Southington  moved  to  make  the  report  of 
the  committee,  with  the  accompanying  resolution,  the  Order  of 
the  Day  for  Wednesday,  March  12th,  at  11  o'clock  A.  M. 

The  motion  was  discussed  by  Messrs.  Holcomb  of  Southing- 
ton,  Maltbie  of  Granby,  Clark  of  Haddam,  and  Smith  of  Win- 
chester. 

The  motion  prevailed. 

CONVENTION   RESOLUTION. 

Convention  Eesolution  Xo.  175.     Mr.  Warner  of  Salisbury 
introduced  a  resolution  that  all  resolutions  proposing  altera- 
tions or  changes  in  Articles  4,  5,  6,  7,  8,  9,  10,  and  11  of  the 
c.  c— 12 


178  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

present  Constitiition  he  referred  to  the  committee  of  the 
whole. 

The  resolution  was  passed. 

Mr.  Warner  of  Salisbury  moved  that  the  Convention  go  into 
committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  11.20  o'clock 
A.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE    WHOLE. 

The  Committee  was  called  to  order  at  11.21  o'clock  A.  M., 
Chairman  Perry  in  the  Chair. 

The  Chairman  stated  that  the  business  before  the  com- 
mittee was  the  consideration  of  Section  21  of  the  Declara- 
tion of  Rights  of  the  present  Constitution. 

Mr.  Waller  of  ]^ew  London  moved  to  amend  the  section  by 
Convention  Resolution  'No.  172,  a  resolution  providing  that  a 
committee  of  nine  be  appointed  to  report  an  article  or  section 
of  the  Constitution  to  this  Convention  for  its  consideration 
providing  that  the  right  of  trial  by  jury  shall  remain  invio- 
late and  shall  extend  to  all  hearings  in  damages  in  actions  at 
law  at  the  request  of  either  party. 

The  motion  to  amend  was  discussed  by  Messrs.  Davenport 
of  Bridgeport  and  Chandler  of  Thompson. 

[Mr.  Davenport  of  Bridgeport  in  the  Chair.] 

The  motion  to  amend  was  further  discussed  by  Messrs. 
Brown  of  jSTorwich,  ISTorthrop  of  Middletown,  Sperry  of  South 
Windsor,  and  Waller  of  New  London. 

Mr.  Loomis  of  Glastonbury,  at  12.57  o'clock  P.  M.,  moved 
that  the  committee  take  a  recess  until  2  o'clock  P.  M. 

The  motion  prevailed. 


JOCKXAL    OF    THE    CONSTITUTIONAL    CONVENTIOX.  179 


Thursday  afternoon,  March  G,  1902. 

The  Committee  was  called  to  order  at  2  o'clock  P.  M., 
Chairman  Perry  in  the  Chair. 

The  Chairman  stated  that  the  question  before  the  com- 
mittee was  on  the  passage  of  an  amendment  offered  by  the 
delegate  from  Kew  London  to  Section  21  of  the  Declaration 
of  Eights  of  the  present  Constitution. 

The  motion  was  discussed  by  Messrs.  Webb  of  Hamden, 
Clark  of  Haddam,  Andrews  of  Litchfield,  Maltbie  of  Granby, 
Loomis  of  Glastonbury,  Warner  of  Salisbury,  Pierce  of  Bris- 
tol, Walsh  of  Ansonia,  Osborn  of  J^ew  Haven,  and  Smith  of 
Winchester. 

Mr.  Bryant  of  East  Hartford,  at  3.27  o'clock  P.  M.,  moved 
that  the  committee  of  the  whole  rise,  report  progress,  and 
ask  leave  to  sit  again. 

The  motion  prevailed. 


Thursday  afternoon,  March  6,  1902. 

The  Convention  was  called  to  order  at  3.28  o'clock  P.  M., 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen,  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 


180  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  Xo.  176.  Mr.  Holcomb  of  Sontli- 
ington  introduced  a  resolution  as  a  substitute  for  Convention 
Eesolution  'No.  lT-4  (see  Convention  Journal,  March  6th), 
providing  that  towns  of  less  than  five  thousand  population 
shall  have  one  representative,  five  thousand  to  twenty-five 
thousand,  two;  twenty-five  thousand  to  seventy-five  thou- 
sand, three;  seventy-five  thousand  to  one  hundred  and  twenty- 
five  thousand,  four;  and  one  additional  for  each  fifty  thou- 
sand in  excess  of  one  hundred  and  twenty-five  thousand,  and 
for  a  Senate  of  not  less  than  thirty-six  nor  more  than  forty. 

The  resolution  was  tabled. 

Convention  Resolution  ISTo.  177.  Mr.  Kendrick  of  Wal- 
lingford  introduced  a  resolution  providing  that  when  the  vote 
be  taken  upon  the  subject  of  representation,  it  be  taken  separ- 
ately on  the  composition  of  the  House  and  of  the  Senate. 

The  resolution  was  tabled. 

On  motion  of  Mr.  Maltbie  of  Granby,  the  Convention,  at 
3.35  o'clock  P.  M.,  adjourned,  to  meet  on  Tuesday,  March 
11th,  at  12.30  o'clock  P.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  181 


Tuesday,  March  11,  1902. 

The  Convention  was  called  to  order  at  12.30  o'clock  P.  ]\r., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Eev.  J.  P.  Wagner  of  Simsbnry. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  .Kedfield,  Loomis,  Maltbie,  Miller, 
Cheney,  Cooley,  Vance,  Churchill,  Condell,  Havens,  Bart- 
lett,  Holcomb,  Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E. 
Phelps,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  R.  Woodward,  Eisk,  A.  E.  Smith, 
McMahon,  Stevens,  Griswold,  Webb,  Meigs,  Lines,  Wallace, 
Ford,  Marks,  Davis,  Hotchkiss,  Russell,  Kendrick,  Upson. 

New  London  County.  —  Messrs.  Waller,  E.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Bromley,  Raymond,  Killeen,  J.  E.  Brown, 
Huntington,  Erink,  Morgan,  Riley,  Hinckley,  E.  B.  Gallup, 
C.  A.  Gallup. 

Eairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  Northrop,  Bell,  Jennings,  Perry,  R.  J.  Walsh, 
Whitlock,  Shelton,  Mead,  AVanzer,  C.  H.  Northrop,  A.  B. 
Woodward,  Sanford,  Seymour,  Barnes,  Merritt,  Stagg,  0. 
Hall,  Gorham,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Eitts,  L.  N. 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Hunt,  Chandler,  Bowen. 

Litchfield  County.. —  Messrs.  W.  B.  Smith,  Beach,  Case. 


182 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Hayes,  Belclen,  J.  H.  Smith,  Wright,  Beardsley,  Whittlesey, 
J.  F.  Smith,  O'Connor,  C.  H.  Smith,  Crofiit,  D.  T.  AVarner, 
Etheridge,  Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  D.  W.  Iv'orthrop,  G.  M. 
Clark,  Pelton,  Coe,  Hubbard,  Purple,  Blake,  ISTettleton,  Ter- 
rill,  W.  H.  Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  ISTewcomb,  Skinner,  Collins, 
Charter,  Porter,  Keeney,  Pinney,  Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  to  their  names  were : 

T^ew  Haven  County.  —  Messrs.  Merwin,  Whittemore,  S. 
J.  Bryant,  Wooster,  Bishop. 

Windham  County.  —  Mr.  Evans. 

Litchiield  County.  —  Messrs.  Mallett,  Kellogg,  Ely,  Camp, 
Kirby,  Eyler. 

Middlesex   County.  —  Messrs.    Markham,   Brothwell. 

Tolland  County.  —  Messrs.  Sumner,  Hawkins,  Storrs, 
Kinney. 

Whole  number   answering,    .  .  .  .150 

Those  absent  and  not  answering,  .  .  .18 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  ISTo.  178.  Mr.  Davenport  of 
Bridgeport  introduced  a  resolution  adding  to  the  Bill  of 
Eights  sections  providing  that  the  General  Assembly  shall 
not  limit  the  amount  to  be  recovered  for  injuries  resulting 
in  death,  that  the  rights  of  labor  shall  have  just  protection 
by  law,  that  the  General  Assembly  shall  not  grant  any  peti- 
tion for  divorce  or  pass  any  retrospective  laws  impairing 
vested  rights,  but  shall  pass  laws  to  prevent  trusts  and  com- 
binations from  affecting  the  real  value  of  an  article,  and  pro- 
viding that  no  estate  shall  be  given  except  to  persons  in  being 
or  their  immendiate  issue. 

The  resolution  was  referred  to  the  committee  of  the  whole. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  183 

Convention  Resolution  'No.  179.  Mr.  "Walsh  of  Ansonia 
introdnced  a  resolution  adding  to  tlie  Bill  of  Rights  a  pro- 
vision that  no  person  shall  be  punished  for  the  violation  of 
certain  injunctions  concerning  abstaining  from  labor  until 
convicted  by  a  jury  of  the  county. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  No.  180.  Mr.  Osborn  of  New 
Haven  introduced  a  resolution  declaring  that  the  equality  of 
all  persons  before  the  law  shall  forever  remain  inviolate  with- 
out distinction  on  account  of  race  or  color. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  ISTo.  181.  Mr.  Osborn  of  New 
Haven  introduced  a  petition  of  Charles  S.  Hamilton  and 
forty-three  other  attorneys  of  New  Haven  in  favor  of  Conven- 
tion Resolution  No.  172,  providing  that  the  right  of  trial  by 
jury  shall  extend  to  all  hearings  in  damages,  at  the  request 
of  either  party. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  No.  182.  Mr.  Gallup  of  Water- 
ford  introduced  a  petition  of  A.  P.  Tanner  and  fourteen  other 
attorneys  of  New  London  in  favor  of  Convention  Resolution 
No.  172,  concerning  trial  by  jury. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Resolution  No.  183.  Mr.  Waller  of  New 
London  introduced  a  petition  of  Lucius  Brown  and  eight 
other  attorneys  of  NorAvich  in  favor  of  Convention  Resolu- 
tion No.  172,  concerning  trial  by  jury. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Mr.  Warner  of  Salisbury  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  12.50  o'clock 
P.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE    WHOLE. 

The  committee  was  called  to  order  at  12.51  o'clock  P.  M., 
Chairman  Perrv  in  the  Chair. 


184  JOURNAL    OF    THE    COXSTITUTIONAL    COXVEXTIOX. 

The  Chairman  stated  that  the  business  before  the  com- 
mittee was  the  motion  of  Mr.  "Waller  of  Xew  London  to 
amend  Section  21  of  the  Declaration  of  Rights,  bj  Conven- 
tion Resolution  ISTo.  172  (see  Convention  Journal,  March 
6th),  a  resolution  providing  that  a  committee  of  nine  be  ap- 
pointed to  report  an  article  or  section  of  the  Constitution  to 
this  Convention  for  its  consideration  providing  that  the  right 
of  trial  by  jury  shall  remain  inviolate  and  shall  extend  to  all 
hearings  in  damages  in  actions  at  law  at  the  request  of  either 
party. 

The  motion  to  amend  was  discussed  by  Mr.  Dempsey  of 
Danbury. 

[Mr.  Etheridge  of  Thomaston  in  the  Chair.] 

The  motion  to  amend  was  further  discussed  by  Messrs. 
Dempsey  of  Danbury,  Brown  of  iSTorwich,  Smith  of  Win- 
chester, Redfield  of  Famiington,  Pelton  of  Clinton,  jSTorth- 
rop  of  Middletown,  Davenport  of  Bridgeport,  Guilfoile  of 
Waterbury,  Osborn  of  iSTew  Haven,  and  Merritt  of  Stamford. 

Mr.  Davenport  of  Bridgeport,  at  3.24  o'clock  P.  M.,  moved 
that  the  committee  of  the  whole  rise,  report  progress,  and 
ask  leave  to  sit  again. 

The  motion  prevailed. 


Tuesday  afternoon,  March   11,    1902. 

The  Convention  was  called  to  order  at  3.25  o'clock  P.  M., 
the  President  in  the  Chair. 

Mr.  Etheridge  of  Thomaston,  as  chairman  pro  tempore  of 
the  committee  of  the  whole,  reported  that  the  committee  had 
met,  considered  the  subject  referred  to  it,  and  risen,  after  in- 
structing him  to  report  progress,  and  ask  leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 


JOTJKXAL    OF    THE    CONSTITUTIOXAL    CONVENTION.  185 

CONVENTION    RESOLUTION. 

Convention  Eesoliition  Xo.  184.  Mr.  Perrv  of  Fairfield 
introduced  a  resolution  providing  that  the  Messengers  shall 
neither  place  nor  permit  to  be  placed  upon  the  desks  of  dele- 
gates anv  written  or  printed  matter  without  the  direction  or 
knowledge  of  the  Clerk  or  the  Assistant  Clerk. 

The  resolution  was  discussed  by  Messrs.  Perry  of  Fair- 
field and  Smith  of  Winchester. 

The  resolution  was  passed. 

On  motion  of  Mr.  Davenport  of  Bridgeport,  the  Conven- 
tion, at  3.28  o'clock  P.  M.,  adjourned,  to  meet  on  Wednesday, 
at  11  o'clock  A.  M. 


186  JODKXAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Wednesday,  March  12,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M.,  the 
President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  Charles  H. 
Smith  of  Plymonth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County. — Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Redfield,  Loomis,  Maltbie,  Miller, 
Cheney,  Cooley,  Vance,  Churchill,  Condell,  Havens,  Bart- 
lett,  Holcomb,  Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E. 
Phelps,  Healy. 

^ew  Haven  Connty. — Messrs.  Osborn,  Gnilfoile,  D.  T. 
Walsh,  A.  D.  Waraer,  S.  E.  Woodward,  Eisk,  A.  E.  Smith, 
McMahon,  Stevens,  Griswold,  Webb,  Meigs,  Lines,  Wallace, 
Ford,  Marks,  S.  J.  Bryant,  Davis,  Hotchkiss,  Wooster,  Rns- 
sell,  Kendrick,  Upson,  Bishop. 

jSTew  London  Connty. — Messrs.  Waller,  F.  T.  Brown, 
Miner,  Bnell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Bromley,  Raymond,  Killeen,  J.  E.  Brown, 
Huntington,  Erink,  Morgan,  Riley,  Hinckley,  E.  B.  Gallup, 
C.  A.  Gallup. 

Eairfield  County. — Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  ^Northrop,  Bell,  Jennings,  Perry,  R.  J.  Walsh, 
Whitlock,  Shelton,  Mead,  Wanzer,  C.  H.  Northrop,  A.  B. 
Woodward,  Sanford,  Barnes,  Merritt,  Stagg,  0.  Hall,  Gor- 
ham,  Wakeman,  Chichester. 

Windham  County. — Messrs.  Boss,  Bugbee,  Eitts,  Evans, 
L.  JST.  Clark,  Groesbeck,  Latham,  Bumham,  Somes,  Milner, 
Elliott,  Waldo,  Hunt,  Chandler,  Bowen. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  187 

Litchfield  County. — Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Beldeu,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 
Beardsley,  Whittlesey,  J.  F.  Smith,  O^Connor,  C.  H.  Smith, 
Crofut,  D.  T,  Warner,  Etheridge,  Strong,  Brinsmade,  Wool- 
son,  Curtiss. 

Middlesex  County. — Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Markham,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple, 
Blake,  Xettletou,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedieu, 
Post. 

Tolland  County. — Messrs.  ]Srewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Pinney, 
Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  to  their  names  w^ere  : 

ISTew  Haven  County. — Messrs.  Merwin,  Whittemore. 
Fairfield  County. — Mr.  Seymour. 
Litchfield  County. — Messrs.  Camp,  Kirby,  Fyler. 
Tolland  County. — ^Mr.  Kinney. 

Whole  number  answering,      .  .  .  .161 

Those  absent  and  not  answering,  .  .  .        Y 

OEDER  OF  THE  DAY,  11  O'CLOCK  A.M. 

Convention  Resolution  ]^o.  174.  (See  Convention  Jour- 
nal, March  6th.)  The  report  of  the  committee  appointed  to 
draft  an  article  of  the  Constitution  on  the  question  of  repre- 
sentation with  an  accompanying  resolution  (Convention  Reso- 
lution Xo.  174),  a  resolution  concerning  the  Legislative  De- 
partment of  the  State  of  Connecticut,  recommending  the  pas- 
sage of  the  resolution,  was  taken  from  the  table  on  motion  of 
Mr.  Maltbie  of  Granby. 

Mr.  Holcomb  of  Southington  withdrew  the  substitute  reso- 
lution (Convention  Resolution  No.  176),  (see  Convention 
Journal,  March  6th),  which  he  had  previously  offered  as  an 
amendment  to  the  pending  resolution. 


188  JOURXAL    OF    THE    COXSTITUTIOXAL    COX'VEXTIOX, 

Mr.  Maltbie  of  Granby  moved  that  section  1  of  the  reso- 
lution be  adopted. 

The  motion  prevailed. 

The  following  is  the  section  adopted : 

Section  1.  The  legislative  power  of  this  State  shall  be 
vested  in  two  distinct  honses  or  branches;  the  one  to  be 
styled  the  Senate,  the  other  the  House  of  Repi*esentatives, 
and  both  together  the  General  Assembly.  The  style  of  their 
laws  shall  be:  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened. 

Mr.  Maltbie  of  Granby  moved  that  Section  2  of  the  resolu- 
tion be  adopted. 

The  motion  was  discussed  by  Messrs.  Maltbie  of  Granby 
and  Perry  of  Fairfield. 

The  motion  prevailed. 

The  following  is  the  section  adopted : 

Sec.  2.  There  shall  be  a  stated  session  of  the  General  As- 
sembly, to  be  holden  at  Hartford  biennially,  on  the  Wednes- 
day following  the  first  Monday  of  the  January  next  succeed- 
ing the  election  of  its  members  as  now  provided  by  law,  and 
at  such  other  times  as  the  General  Assembly  shall  judge  neces- 
sary; but  the  person  administering  the  ofHce  of  Governor 
may,  on  special  emergencies,  convene  the  General  Assembly 
at  said  place  at  any  other  time.  And  in  case  of  danger  from 
the  prevalence  of  contagious  disease,  in  said  place,  or  other 
circumstances,  the  person  administering  the  ofRce  of  Gover- 
nor may,  by  proclamation,  convene  said  Assembly  at  any 
other  place  in  this  State. 

Mr.  Maltbie  of  Granby  moved  that  Section  3  of  the  resolu- 
tion be  adopted. 

Mr.  Maltbie  of  Granby  moved  that  when  the  vote  be  taken 
on  this  motion  it  be  taken  by  Yeas  and  jSTays. 

The  motion  prevailed. 

Mr.  Griswold  of  Guilford  moved  to  amend  Section  3  by 
Schedule  "  A,"  striking  out  in  line  four  the  words  "  one 


JOURNAL    OF    THE    COXSTITUTIOXAL    CONVENTION,  189 

representative,"  and  inserting  in  lien  thereof  the  words  "  two 
representatives." 

Mr.  Loomis  of  Glastonbnry  moved  that  the  vote  on  the 
amendment  be  taken  by  Yeas  and  Xays. 

The  motion  prevailed. 

The  amendment  was  discussed  by  Messrs.  Whittlesey  of 
Morris  and  Groesbeck  of  Chaplin. 

On  motion  of  Mr.  Groesbeck  of  Chaplin,  the  previons  qnes- 
tion  was  ordered. 

The  amendment  did  not  prevail. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Middleton,  Miller,  Cooley, 
Bartlett,  Bissell,  D.  E.  Phelps. 

Xew  Haven  County.  —  Messrs.  Fisk,  Stevens,  Griswold, 
Meigs. 

Xew  London  County.  —  Messrs.  Miner,  I.  Gillette,  Frink, 

"Windham  County.  —  Messrs.  Fitts,  L.  'N.  Clark,  Groes- 
beck, Latham,  Somes,  Elliott,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
J.  H.  Smith,  Kellogg,  Wright,  J.  F.  Smith,  O'Connor, 
Curtiss. 

Middlesex  County.  —  Messrs.  G.  M.  Clark,  Hubbard, 
Purple,  Xettleton,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Hawkins,  Porter,  Storrs,  AV. 
H.  Hall. 

Those  voting  ISTay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Grant,  Kedfield,  Loomis,  Maltbie,  Cheney,  Vance, 
Churchill,  Condell,  Havens,  Holcomb,  Sperry,  W.  H.  Hall, 
Willard,  Healy. 


190  JODEXAL    OF    THE    CONSTITUTIONAL    COXVEXTIOX. 

j^ew  Haven  County.  —  Messrs.  Osborn,  Guilf oile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  E.  Woodward,  A.  E.  Smith,  Mc- 
Mahon,  Webb,  Lines,  Wallace,  Ford,  Marks,  S.  J.  Bryant, 
Davis,  Hotchkiss,  Wooster,  Russell,  Kendrick,  Upson,  Bishop. 

]^ew  London  County.  —  Messrs.  Waller,  Y.  T.  Brown, 
Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  Allyn,  Brom- 
ley, Eaymond,  Killeen,  J.  F.  Brown,  Huntington,  Morgan, 
Eiley,  Hinckley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  Northrop,  Bell,  Jennings,  Perry,  E.  J.  AYalsh, 
Whitlock,  Shelton,  Mead,  Wanzer,  C.  H.  Xorthrop,  A.  B. 
Woodward,  Sanford,  Barnes,  Merritt,  Stagg,  O.  Hall,  Gor- 
ham,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Evans,  Burn- 
ham,  Milner,  Waldo,  Hunt,  Chandler. 

Litchfield  County.  —  Messrs.  Hayes,  Mallett,  Belden,  Ely, 
Beardsley,  Whittlesey,  C.  H.  Smith,  Crofut,  D.  T.  Warner, 
Etheridge,  Strong,  Brinsmade,  Woolson. 

Middlesex  County.  —  Messrs.  D.  W.  jSTorthrop,  Markham, 
Brothwell,  Pelton,  Coe,  Blake,  Terrill,  W.  H.  Smith. 

Tolland  County.  —  Messrs.  Newcomb,  Skinner,  Sumner, 
Collins,  Charter,  Keeney,  Pinney,  Phelps. 

Those  absent  and  not  voting  were : 

New  Haven  County.  —  Messrs.  Merwin,  Whittemore. 

Fairfield  County.  —  Mr.  Seymour. 

Litchfield  County.  —  Messrs.  Camp,  Kirby,  Fyler. 

Tolland  County.  —  Mr.  Kinney. 

Whole  number  voting,  .....   160 

Necessary  for  passage,  .         .         .         .         .81 

Those  voting  Yea,  .         .         .40 

Those  voting  Nay,  .         .         .120 

The  motion  to  adopt  Section  3  then  prevailed. 
The  vote  was  as  follow's : 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  191 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Holmes,  Dickinson,  Loomis, 
Maltbie,  Miller,  Coolej,  Churchill,  Havens,  AY.  H.  Hall,  D. 
E.  Phelps. 

Xew  Haven  County.  —  Messrs.  Fisk,  Stevens,  Griswold, 
Meigs,  AYallace,  Ford,  Hotchkiss,  Eussell. 

Xew  London  County.  —  Messrs.  Miner,  King,  A.  M. 
Brown,  I.  Gillette,  Allyn,  Bromley,  Killeen,  Frink,  Eiley, 
E.  B.  Gallup,  C.  A.  Galiup. 

Fairfield  County.  —  Messrs.  Y'oodman,  E.  H.  Xorthrop, 
Bell,  Mead,  Y^anzer,  Sanford,  Barnes,  O.  Hall,  Gorham, 
Wakeman. 

Y^indham  County.  —  Messrs.  Fitts,  Evans,  L.  X.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Elliott,  AYaldo,  Hunt, 
Bo  wen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beards- 
ley,  J.  F.  Smith,  O'Connor,  C.  H.  Smith,  Crofut,  D.  T. 
Y^arner,  Etheridge,  Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  Pelton,  Hubbard,  Purple, 
l^ettleton,  W.  H.  Smith,  Hale,  Post. 

Tolland  County.  —  Messrs.  !N"ewcomb,  Sumner,  Collins, 
Hawkins,  Charter,  Porter,  Storrs. 


Those  voting  Xay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  Pierce,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Middleton, 
Grant,  Eedfield,  Cheney,  Yance,  Condell,  Bartlett,  Holcomb, 
Sperry,  Bissell,  Y^illard,  Healy. 

jSTew  Haven  County.  —  Messrs.  Osbom,  Guilf oile,  D.  T. 
Walsh,  A.  D.  Y^arner,  S.  R.  Woodward,  A.  E.  Smith,  Mc- 
Mahon,  Webb,  Lines,  Marks,  S.  J.  Bryant,  Davis,  Wooster, 
Kendrick,  Upson,  Bishop. 


192  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Xew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Buell,  Cliipman,  Bailey,  Raymond,  J.  F.  Brown,  Hunting- 
ton, Morgan,  Hinckley. 

Fairfield  Connty.  —  Messrs.  Davenport,  Dempsey,  Jen- 
nings, Perry,  R.  J.  Walsh,  Wliitlock,  Shelton,  C.  H.  North- 
rop, A.  B.  Woodward,  Merritt,  Stagg,  Chichester. 

Windham  Connty.  —  Messrs.  Boss,  Bngbee,  Milner, 
Chandler. 

Litchfield  County.  —  Messrs.  Hayes,  Whittlesey. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Markham,  Brothwell,  Coe,  Blake,  Terrill. 

Tolland  County.  —  Messrs.  Skinner,  Keeney,  Pinney, 
Phelps,  W.  H.  Hall. 

Those  absent  and  not  voting  were : 

New  Haven  County.  —  Messrs.  Merw^in,  Whittemore. 
Fairfield   County.  —  Mr.    Seymour. 
Litchfield  County.  —  Messrs.  Camp,  Kirby,  Fyler. 
Middlesex  County.  —  Mr.  L'Hommedieu. 
Tolland  County.  —  Mr.  Kinney. 

Whole  number  voting,  .  .  .  .  .159 

Necessary  for  passage,  .  .  .  .  .80 

Those  voting  Yea,  ...      84 

Those  voting  Nay,  .         .         .75 

The  following  is  the  section  adopted : 

Sec.  3.  The  House  of  Representatives  shall  consist  of 
electors  residing  in  towns  from  which  they  are  elected.  Every 
town  shall  be  entitled  to  send  one  representative. 

Mr.  Maltbie  of  Granby  moved  that  Section  4  of  the  reso- 
lution be  adopted. 

Mr.  Waller  of  New  London  moved  to  amend  Section  4 
by  Schedule  "  A,"  to  strike  out  the  word  "  sixty  "  and  insert 
in  lieu  thereof  the  words  "  not  less  than  seventy-two  nor  more 
than  eighty-four." 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  193 

Mr.  Waller  of  Xew  London  moved  that  the  vote  be  taken 
by  Teas  and  ISTays. 
The  motion  prevailed. 
The  amendment  did  not  prevail. 
The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County. —  Messi-s.  Pierce,  E.  S.  Gillette,  Eed- 
iield,  Maltbie,  Churchill,  Havens,  Bartlett,  Bissell,  W.  H. 
Hal],  D.  E.  Phelps. 

K^ew  Haven  County.  —  Messrs.  Guilfoile,  D.  T.  Walsh, 
Fisk,  McMahon,  S.  J.  Bryant,  Hotchkiss. 

jSTew  London  County. —  Messrs. Waller,  Miner,  Chipman, 
Allyn,  Bromley,  Killeen,  Hinckley,  C.  A.  Gallup.  " 

Fairfield  County. —  Messrs.  Dempsey,  Sanford. 

Windham  County.  —  Messrs,  Evans,  Latham,  Waldo. 

Litchfield  County.— Messrs.  W.  B.  Smith,  Hayes,  J.  H. 
Smith,  Kellogg,  Ely,  Beardsley,  O'Connor,  C.  H.  Smith, 
Erinsmade. 

Middlesex  County. —  Messrs.  Purple,  Hale,  Post. 

Tolland  County.  —  Messrs.  Hawkins,  Porter. 

Those  voting  Xay  were  : 

Hartford  County. —  ^Messrs.  C.  H.  Clark,  Holmes,-  Jarvis, 
W.  M.  Brown,  Sears,  Dickinson,  P.  S.  Bryant,  Middleton, 
Grant,  Loomis,  Miller,  Cheney,  Cooley,  Vance,  Condell, 
Holcomb,  Sperry,  Willard,  Healy. 

Xew  Haven  County. —  Messrs.  Osborn,  A.  D.  Warner,  S. 
E.  Woodward,  A.  E.  Smith,  Stevens,  Griswold,  Webb,  Meigs, 
Lines,  Wallace,  Lord,  Marks,  Davis,  Wooster,  Eussell,  Ken 
drick,  Upson,  Bishop. 

Xew  London  County. —  Messrs.  E.  T.  Brown,  Buell,  King, 
A.  M.  Brown,  Bailey,  I.  Gillette,  Eaymond,  J.  F.  Brown, 
Frink,  Morgan,  Eiley,  E.  B.  Gallup. 

Fairfield  County. —  Messrs.  Davenport,  Woodman,  E.  H. 
c.  c— 13 


194  JOURNAL    OF    THE    COIS'STITUTIONAL    CONVENTION. 

Xortlirop,  Bell,  Jennings,  Perry,  R.  J.  AValsh,  Wliitlock, 
Slielton,  Mead,  Wanzer,  C.  H.  Northrop,  A.  B.  Woodward, 
Barnes,  Merritt,  Stagg,  O.  Hall,  Gorliam,  Wakeman,  Chi- 
chester. 

Windham  Conntj. —  Messrs.  Boss,  Bugbee,  Fitts, .  L.  X. 
Clark,  Groesbeck,  Biirnham,  Somes,  Milner,  Elliott,  Hunt, 
Chandler,  Bowen. 

Litchfield  County. —  Messrs.  Beach,  Case,  Mallett,  Belden, 
Wright,  Whittlesey,  J.  F.  Smith,  Crofut,  D.  T.  Warner,  Eth- 
eridge.   Strong,   Woolson,   Curtiss. 

Middlesex  County. —  Messrs.  D.  W.  i^orthrop,  G.  M. 
Clark,  Markham,  Brothwell,  Pelton,  Coe,  Hubbard,  Blake, 
Nettleton,  Terrill,  W.  H.  Smith,  L'Hommedieu. 

Tolland  County.  —  Messrs.  JSTewcomb,  Skinner,  Sumner, 
Collins,  Charter,  Storrs,  Keeney,  Pinney,  Phelps,  W.  H.  Hall. 

Those  absent  and  not  voting  were : 

New  Haven  County. —  Messrs.  Merwin,  Whittemore. 
New  London  County. —  Mr.  Huntington. 
Eairfield  County. —  Mr.  Seymour. 
Litchfield  County.  —  Messrs.  Camp,  Kirby,  Fyler. 
Tolland  County.  —  Mr.  Ivinney. 

Whole    number    voting,  ....   159 

Necessary  for  passage,  .  .  .  .  .80 

Those  voting  Yea,  .  .  .      43 

Those  voting  Nay,  .  .  .    116 

Mr.  Clark  of  Lladdam  moved  to  amend  by  Schedule  "  B," 
striking  out  the  word  ''  sixty  "  and  inserting  in  lieu  thereof 
the  words  ''  thirty-six." 

Mr.  Clark  of  Haddam  moved  that  the  vote  be  taken  by 
Yeas  and  Nays. 

The  motion  did  not  prevail. 


JOUENAL    OF    THE    CONSTITUTIONAL    CONVENTION.  195 

The  araendnieiit  was  discussed  bj  Mr.  Waller  of  Xew  Lon- 
don. 

The  amendment  did  not  prevail. 

Mr.  Charter  of  Ellington  moved  that  the  Convention  take 
a  recess  until  2  o'clock  p.  m. 

The  motion  did  not  prevail. 

Mr.  Fisk  of  Branford  moved  to  amend  by  Schedule  *'  C," 
striking  out  of  lines  nineteen  and  twenty  the  words  "  if  found 
necessary." 

The  amendment  did  not  prevail. 

]\rr.  Hall  of  Willington  moved  to  amend  by  Schedule  "  D," 
inserting  in  line  two,  after  the  word  "  districts  "  the  words 
"  of  w'hich  the  towns  of  each  county  shall  comprise  at  least 
two." 

The  amendment  was  discussed  by  Messrs.  "Waller  of  New 
London,  Smith  of  Winchester,  ISTorthrop  of  Middletown, 
Clark  of  Haddam,  and  Davenport  of  Bridgeport. 

Mr.  AValler  of  Xew  London  moved  that  the  vote  be  taken 
by  Yeas  and  ISTays. 

The  motion  prevailed. 

The  amendment  did  not  prevail. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.— Messrs.  Holmes,  P.  S.  Bryant,  Middle- 
ton,  Healy. 

Xew  Haven  County.  —  Messrs.  Griswold,  Lines,  Kendrick, 
Bishop. 

]S^ew  London  County.  —  Messrs.  Killeen,  Huntington. 

Lairfield  County.  —  Messrs.  Bell,  Perry,  Mead,  Wanzer, 
Merritt. 

AVindham  County.  —  Messrs.  Boss,  Bugbee,  Burnham, 
Somes,  Milner,  Chandler,  Bowen. 

:\Iidd]esex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Coe,  Hubbard,  L'Hominedieu,  Post. 


196  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Tolland  County.  —  Messrs.  l^ewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Porter,  Storrs,  Keeney,  Pinney,  Phelps, 
W.  H.  Hall. 

Those  voting  ISTay  were  : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  Grant,  Eed- 
field,  Loomis,  Maltbie,  Miller,  Cheney,  Cooley,  Vance, 
Churchill,  Condell,  Havens,  Bartlett,  Holcomb,  Sperry,  Bis- 
sell,  W.  H.  Hall,  Willard,  D.  E.  Phelps. 

iSTew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  R.  Woodward,  Eisk,  A.  E.  Smith, 
McMahon,  Stevens,  Webb,  Meigs,  Wallace,  Ford,  Marks,  S. 
J.  Bryant,  Davis,  Hotchkiss,  Wooster,  Russell,  Upson. 

ISTew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Bromley,  Raymond,  J.  F.  Brown,  Frink,  Mor- 
gan, Riley,  Hinckley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  Northrop,  Jennings,  R.  J.  Walsh,  Whitlock, 
Shelton,  C.  H.  Northrop,  A.  B.  Woodward,  Sanford,  Barnes, 
Stagg,  O.  Hall,  Gorham,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Fitts,  Evans,  L.  N.  Clark, 
Groesbeck,  Latham,  Elliott,  Waldo,  Hunt. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 
Beardsley,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H. 
Smith,  Crofut,  D.  T.  Warner,  Etheridge,  Strong,  Brinsmade, 
Woolson,  Curtiss. 

Middlesex  County.  —  Messre.  Markham,  Brothwell,  Pel- 
ton,  Purple,  Blake,  Nettleton,  Terrill,  W.  H.  Smith,  Hale. 

Tolland  County.  —  Mr.  Charter. 

Those  absent  and  not  voting  were: 

New  Haven  County.  —  Messrs.  Menvin,  Whittemore. 


JOURNAL    OF    THE    CONSTITUTIONAX    CONVENTION.  197 

Fairfield  County.  —  Mr.  Seymour. 
Litchfield  County.  —  Messrs.  Kirby,  Fyler. 
Tolland  County.  —  Mr.  Kinney, 

Whole  number  voting,  .  .  .  .          .161 

Necessary  for  passage,  .  .  .  .         .81 

Those  voting  Yea,  ..  .  .39 

Those  voting  ISTay,  .  .  .    122 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Schedule 
"  E,"  by  adding  to  line  12,  after  the  word  "  section,"  the 
words  "  but  no  county  or  part  of  a  county  shall  be  joined  to 
the  whole  or  a  part  of  another  county,  and  each  county  shall 
have  at  least  two  Senators." 

Mr.  Waller  of  New  London  raised  the  point  of  order  that 
the  amendment  was  the  same  in  effect  as  the  provisions  of 
Schedule  "  D,"  and  was  not  in  order. 

The  President  ruled  that  the  point  of  order  was  not  well 
taken. 

Mr.  Waldo  of  Scotland  moved  to  amend  the  amendment 
by  striking  out  of  it  the  words  "  and  each  county  shall  have 
at  least  two  Senators." 

The  amendment  did  not  prevail. 

The  amendment.  Schedule  "  E,"  did  not  prevail. 

Mr.  Brown  of  Norwich  moved  that  the  Convention  take 
a  recess  until  2  o'clock  P.  M. 

The  motion  did  not  prevail. 

]\[r.  Davenport  of  Bridgeport  moved  that  the  vote  on  the 
adoption  of  Section  4  be  taken  by  Yeas  and  Nays. 

The  motion  prevailed. 

The  motion  to  adopt  Section  4  prevailed. 

The  vote  was  as  follows: 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Holmes,  Jarvis,  W.  M. 
Brown,  Pierce,  E.  S.  Gillette,  Dickinson,  Loomis,  Maltbie, 


198  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Miller,  Cooley,  Churchill,  Havens,  Bartlett,  Bissell,  W.  If. 
Hall,  D.  E.  Phelps,  Healy. 

jSTew  Haven  >  County.  —  Messi*s.  Guilfoile,  D.  T.  Walsh, 
Fisk,  McMahon,  Meigs,  AVallace,  Ford,  Hotehkiss,  Eussell. 

'New  London  County.  —  Messrs.  Waller,  Miner,  Chipman, 
A.  M.  Brown,  L  Gillette,  Allyn,  Bromley,  Raymond,  Kil- 
leen,  Huntington,  Frink,  Morgan,  Riley,  Hinckley,  C.  A. 
Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  Shelton,  Sanf ord, 
Barnes,  Stagg,  Gorham. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Evans, 
Groesbeck,  Burnham,  Somes,  Elliott,  "Waldo,  Hunt,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 
Beardsley,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H. 
Smith,  Crofut,  D.  T.  Warner,  Etheridge,  Strong,  Brinsmade, 
Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  Pelton,  Coe,  Hubbard, 
Purple,  Nettleton,  Terrill,  W.  H.  Smith,  Hale,  L'Homme- 
dieu,  Post. 

Tolland  County.  —  Messrs.  ISTewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Phelps, 
W.  H.  Hall. 

Those  voting  Nay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Sears,  P.  S. 
Bryant,  Middleton,  Grant,  Cheney,  Vance,  Condell,  Hol- 
comb,  Sperry,  Willard. 

New  Haven  County.  —  Messrs.  Osborn,  A.  D.  Warner,  S. 
R.  Woodward,  A.  E.  Smith,  Stevens,  Griswold,  Webb,  Lines, 
Marks,  S.  J.  Bryant,  Davis,  Wooster,  Kendrick,  Upson, 
Bishop. 

New  London  County.  —  Messrs.  F.  T.  Brown,  Buell,  King, 
Bailey,  J.  F.  Brown,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  E.  H. 


JOUHNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  199 

Northrop,  Jennings,  Perry,  R.  J.  Walsli,  Mead,  Wanzer,  C. 
H.  Northrop,  A.  B.  Woodward,  Merritt,  O.  Hall,  Wakeman, 
Chichester. 

AVindham  County.  —  Messrs.  Boss,  L.  IST.  Clark,  Milner, 
Chandler. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Markham,  Brothwell,  Blake. 

Tolland  County.  - —  Mr.  Pinney. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Mr.  Eedfield. 

New  Haven  County.  —  Messrs.  Mei^win,  "Whittemore. 

Fairfield  County.  —  Messrs.  Bell,  Whitloek,  Seymour. 

Windham  County.  —  Mr.  Latham. 

Litchfield  County.  —  Messrs.  Kirby,  Pyler. 

Tolland  County.  —  Mr.  Kinney. 

Whole  number  voting,  .....   157 

Necessary  for  passage,  .  .  .  .  .79 

Those  voting  Yea,  ...    101 

Those  voting  Nay,  .  .  .56 

Following  is  the  section  adopted : 

Sec.  4.  The  Senate  shall  consist  of  sixty  members  chosen 
by  districts.  One  Senator  shall  be  elected  from  each  district, 
who,  at  the  time  of  such  election,  shall  be  an  elector  in  such 
district. 

The  General  Assembly,  at  the  session  held  next  after  the 
adoption  of  this  Constitution  by  the  people,  shall  divide  the 
State  into  sixty  districts  for  the  choice  of  Senators,  which  dis- 
tricts shall  always  be  composed  of  contiguous  territory,  and 
in  forming  them  regard  shall  be  had  to  population  in  the  sev- 
eral districts,  that  the  same  may  be  as  nearly  equal  as  possible 
under  the  limitations  of  this  section. 

No  town  shall  be  divided  unless  for  the  purpose  of  forming 
more  than  one  district  wholly  within  such  town.     The  dis- 


200  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

tricts  when  established  as  herein  provided  shall  continue  the 
same  until  the  session  of  the  General  Assembly  next  after  the 
completion  of  a  census  of  the  United  States,  which  General 
Assembly  shall  have  power  to  alter  the  same,  if  found  neces- 
sary, to  preserve  a  proper  equality  of  population  in  each  dis- 
trict, but  only  in  accordance  with  the  principles  herein  recited, 
after  which  said  districts  shall  not  be  altered,  except  at  a  ses- 
sion of  the  General  Assembly  next  after  the  completion  of  a 
census  of  the  United  States,  and  then  only  in  accordance  with 
the  principles  hereinbefore  provided. 

On  motion  of  Mr.  Healy  of  Windsor  Locks,  the  Convention, 
at  1  o'clock  P.  M.,  took  a  recess  until  2  o'clock  P.  M. 


Wednesday  afternoon,  March  12,  1902. 

The  Convention  was  called  to  order  at  2  o'clock  P.  M.,  the 
President  in  the  chair. 

Mr.  Maltbie  of  Granby  moved  that  sections  5  and  6  of 
Convention  Eesolution  'No.  174  be  adopted. 

Mr.  Perry  of  Fairfield  moved  to  amend  Section  5  by  strik- 
ing out  in  line  two  the  words  "  for  the  time  being." 

Mr.  Maltbie  of  Granby  accepted  the  amendment. 

The  motion  was  discussed  by  Messrs.  Pierce  of  Bristol, 
Warner  of  Salisbury,  and  Perry  of  Fairfield. 

The  motion  to  adopt  Section  5  as  amended  and  Section  6 
prevailed. 

Following  are  the  sections  as  amended : 

Sec.  5.  The  treasurer,  secretary,  and  comptroller  shall 
canvass  the  votes  for  senators  publicly.  The  person  in  each 
district  having  the  greatest  number  of  votes  for  senator  shall 
be  declared  to  be  elected  for  such  district;  but  in  case  no 
choice  is  made  by  the  electors  in  any  district  in  consequence 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION,  201 

of  an  equality  of  votes,  the  House  of  Representatives  shall 
designate,  by  ballot,  which  of  the  candidates  having  such 
equal  number  of  votes  shall  be  declared  to  be  elected.  The 
retui-n  of  votes  and  the  result  of  the  canvass  shall  be  submit- 
ted to  the  House  of  Eepresentatives,  and  also  tO'  the  Senate, 
on  the  first  day  of  the  session  of  the  General  Assembly;  and 
each  house  shall  be  the  final  judge  of  the  election  returns  and 
qualifications  of  its  own  members. 

Sec.  6.  A  general  election  for  governor,  lieutenant-gov- 
ernor, secretary,  treasurer,  comptroller,  and  members  of  the 
General  Assembly  shall  be  held  on  the  Tuesday  after  the 
first  Monday  of  Xovember,  biennially,  as  now  provided  by 
law,  and  for  such  other  officers  as  are  herein  and  may  be  here- 
after prescribed.  The  General  Assembly  shall  have  power 
to  enact  laws  regulating  and  prescribing  the  order  and  man- 
ner of  voting  for  said  officers,  and  also  providing  for  the  elec- 
tion of  representatives  at  some  time  subsequent  to  the  Tues- 
day after  the  first  Monday  of  JSTovember  in  all  cases  when  it 
shall  so  happen  that  the  electors  in  any  town  shall  fail  on  that 
day  to  elect  the  representative  to  which  such  town  shall  be 
by  law  entitled. 

Mr.  Maltbie  of  Granby  moved  that  Section  7  of  the  Reso- 
lution be  adopted. 

Mr.  Maltbie  of  Granby  moved  to  amend  by  Schedule  "  A." 

The  amendment  was  discussed  by  Messrs.  Perry  of  Fair- 
field, Loomis  of  Glastonbury,  Sperry  of  South  Windsor,  Bry- 
ant of  East  Hartford,  and  Warner  of  Salisbury. 

The  amendment  prevailed. 

Following  is  the  amendment : 

Schedule  "  A." 

Insert  after  the  word  "  be  "  in  the  eleventh  line  the  words 
"  mailed  or." 

Strike  out  of  line  eleven  the  word  "  either." 

Strike  out  of  lines  twelve,  thirteen,  and  fourteen  the  fol- 


202  .TOURXAL    OF    THE    COXSTITUTIOXAL    COXVEXTIOX. 

lowing  words  "  or  to  the  sheriff  of  the  county  in  which  said 
town  is  situated,  which  list  shall  be  directed  to  the  secretary." 

And  strike  out  all  of  said  section  after  the  word  **  thereof  " 
in  the  fifteenth  line. 

Mr.  Bryant  of  East  Hartford  moved  to  amend  by  Schedule 
••  B." 

The  amendment  was  discussed  by  !Messrs.  Bryant  of  East 
Hartford  and  Maltbie  of  Granby. 

Tlie  amendment  prevailed. 

EoUowing  is  the  amendment: 

Schedule  ''  B." 

'*  After  the  word  meeting  in  the  fifth  line  add  '  but  the 
word  ballot  shall  be  construed  to  cover  any  form  or  method 
of  voting  authorized  by  law.'  " 

The  motion  to  adopt  Section  7  was  discussed  by  Mr.  Wal- 
ler of  Xew  London. 

The  motion  as  amended  then  prevailed. 

Eollowing  is  the  section  as  amended : 

Sec.  7.  At  the  general  election  for  State  officers  and 
members  of  the  General  Assembly,  the  presiding  officers  shall 
receive  the  votes  of  the  electors,  which  shall  be  by  ballot, 
either  "UTitten  or  printed,  and  count  and  declare  them  in  open 
meeting,  but  the  word  ballot  shall  be  construed  to  cover  any 
form  or  method  of  voting  authorized  by  law.  The  presiding 
officei^  shall  also  make  duplicate  lists  of  the  persons  voted  for, 
and  of  the  number  of  votes  for  each,  which  shall  be  certified 
by  the  presiding  officers;  one  of  which  lists  shall  be  delivered 
to  the  town  clerk,  and  the  other,  within  ten  days  after  said 
meeting,  shall  be  mailed  or  delivered,  imder  seal,  to  the  secre- 
tary, with  a  superscription  expressing  the  purport  of  the  con- 
tents thereof. 

Mr.  Maltbie  of  Granby  moved  that  Sections  S,  9.  10,  11, 
12.  and  13  be  adopted. 

The  motion  prevailed. 


JOURNAL    OF    THE    CONSTITUTIONAL    COITTEimON,  203 

Following  are  the  sections  as  adopted: 

Sec.  8.  The  members  of  the  General  Assembly  shall  hold 
their  offices  for  two  years  from  the  Wednesday  following  the 
first  Monday  of  the  January  next  succeeding  their  election, 
and  until  their  successors  are  duly  qualified. 

Sec.  9.  The  House  of  Kepresentatives,  when  assembled, 
shall  choose  a  speaker,  clerk,  and  other  officers.  The  Senate 
shall  choose  its  clerk  and  other  officers,  except  the  president. 
A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business;  but  a  smaller  number  may  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members  in  such  man- 
ner and  under  such  penalties  as  each  house  may  prescribe. 

Sec.  10.  Each  house  shall  determine  the  rules  of  its  own 
proceedings,  punish  members  for  disorderly  conduct,  and  with 
the  consent  of  two-thirds  expel  a  member,  but  not  a  second 
time  for  the  same  cause ;  and  shall  have  all  other  powers  neces- 
sary for  a  branch  of  the  legislature  of  a  free  and  independent 
State. 

Sec.  11.  Each  house  shall  keep  a  journal  of  its  proceed- 
ings, and  publish  the  same  when  required  by  one-fifth  of  its 
members,  except  such  parts  as,  in  the  judgment  of  a  majority, 
require  secrecy.  The  yeas  and  nays  of  the  members  of  either 
house  shall,  at  the  desire  of  one-fifth  of  those  present,  be  en- 
tered on  the  journals. 

Sec.  12.  The  Senators  and  Eepresentatives  shall,  in  all 
cases  of  ciyil  process,  be  privileged  from  arrest  during  the  ses- 
sion of  the  General  Assembly,  and  for  four  days  before  the 
commencement  and  after  the  termination  of  any  session 
thereof.  And  for  any  speech  or  any  debate  in  either  house 
they  shall  not  be  questioned  in  any  other  place. 

Sec.  13.  The  debates  of  each  house  shall  be  public,  ex- 
cept on  such  occasions  as,  in  the  opinion  of  the  house,  may 
require  secrecy. 

Mr.  Maltbie  of  Granby  moved  that  Section  14  be  adopted. 

Mr.  Loomis  of  Glastonbury  moved  to  amend  by  Scliednle 
"  A." 


204     JOURXAL  OF  THE  CONSTITUTIONAL  CONVENTION. 

The  amendment  was  discussed  by  Messrs.  Loorais  of  Glas- 
tonbury, Waller  of  ISTew  London,  Clark  of  Haddam,  Smith 
of  Winchester,  Charter  of  Ellington,  Pierce  of  Bristol,  and 
Bryant  of  East  Hartford. 

On  motion  of  Mr.  Bryant  of  East  Hartford,  the  previous 
question  was  ordered. 

Mr.  Brown  of  jSTorth  Stonington  moved  that  the  vote  be 
taken  by  Yeas  and  Nays. 

The  motion  prevailed. 

The  amendment  prevailed. 

The  vote  was  as  follows: 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  W.  M. 
Brown,  Pierce,  E.  S.  Gillette,  Dickinson,  P.  S.  Bryant,  Mid- 
dleton.  Grant,  Loomis,  Miller,  Cheney,  Cooley,  Churchill, 
Bartlett,  Holcomb,  Sperry,  Bissell,  W.  H.  Hall,  Willard, 
Healy. 

New  Haven  County.  —  Messrs,  Guilfoile,  D.  T.  Walsh,  A. 
D.  Warner,  Fisk,  A.  E.  Smith,  McMahon,  Lines,  Wallace, 
Marks,  S.  J.  Bryant,  Davis,  Kendrick. 

New  London  County.  —  Messrs.  Waller,  Miner,  Chipman, 
King,  Bailey,  I.  Gillette,  Bromley,  Huntington,  Frink,  Mor- 
gan, Riley,  C.  A.  Gallup. 

Eairfield  County.  —  Messrs.  Davenport,  Dempsey,  Jen- 
nings, R.  J.  Walsh,  Shelton,  Mead,  Wanzer,  C.  H.  Northrop, 
Sanford,  Barnes,  Stagg,  Gorham,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Evans,  L.  N.  Clark, 
Groesbeck,  Latham,  Milner,  Elliott,  Waldo,  Hunt,. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Belden,  J.  H.  Smith,  Ely,  Beardsley,  Whittlesey,  J. 
F.  Smith,  O'Connor,  Camp,  Crofut,  Etheridge. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  Markham, 
Pelton,  W.  H.  Smith,  Hale. 

Tolland  County.  —  Messrs.  Sumner,  Collins,  Hawkins, 
Keeney,  Pinney,  Phelps. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  205 

Those  voting  ISTaj  were  : 

Hartford  County.  —  Messrs.  Jarvis,  Sears,  Maltbie,  Vance, 
Condell,  Havens,  D.  E.  Phelps. 

New  Haven  Count3\  —  Messrs.  Osborn,  S.  R.  Woodward, 
Stevens,  Griswold,  AVebb,  Ford,  Wooster,  Russell,  Upson. 

Xew  London  County.  —  Messrs.  F.  T.  Brown,  Buell,  Ray- 
mond, J.  F.  Brown,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Woodman,  E.  H.  ISTorthrop, 
Perry,  Whitlock,  A.  B.  Woodward,  Merritt,  O.  Hall. 

Windham  County.  —  Messrs.  Fitts,  Bumham,  Somes, 
Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  Mallett,  Kellogg,  Wright,  C. 
H.  Smith,  D.  T.  Warner,  Strong,  Brinsmade,  Woolson, 
Curtiss. 

Middlesex  County.  —  Messrs.  G.  M.  Clark,  Brothwell, 
Coe,  Hubbard,  Purple,  Blake,  Xettleton,  Terrill,  L'Homme- 
dieu.  Post. 

Tolland  County.  —  Messrs.  Newcomb,  Skinner,  Charter, 
Porter,  Storrs. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Mr.  Redfield. 

New  Haven  County.  —  Messrs.  Meigs,  Merwin,  Whitte- 
more,  Hotchkiss,  Bishop. 

New  London  County.  —  Messrs.  A.  M.  Brown,  Allyn,  Kil- 
leen,  Hinckley. 

Fairfield  County.  —  Messrs.  Bell,  Seymour. 

Windham  County.  —  Mr.  Bugbee. 

Litchfield  County.  —  Messrs.  Kirby,  Fyler. 

Tolland  County.  —  Messrs.  Kinney,  W.  H.  Hall. 


Whole  number  voting,  . 

Necessary  for  passage,  . 
Those  voting  Yea, 
Those  voting  Nay, 


150 
76 


93 

57 


206  JOUKXAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Following  is  the  amendment: 

Schedule  "  A." 

In  Section  14,  line  two,  strike  out  the  word  "  three,"  insert 
in  lien  thereof  the  word  "'  five." 

]Vlr.  Spen-y  of  South  Windsor  moved  to  amend  by  Sched- 
ule "  B." 

The  amendment  was  discussed  by  Mr.  Sperry  of  South 
Windsor. 

Mr.  Maltbie  of  Granby  accepted  the  amendment. 

Following  is  the  amendment : 

Schedule  ^^B." 

In  Section  14,  line  three,  strike  out  the  words  ''  comptrol- 
ler shall,"  insert  in  lieu  thereof  the  words  "  General  Assembly 
may." 

In  line  seven,  after  the  word  "  home,"  insert  the  word 
"  station." 

The  motion  to  adopt  Section  14,  as  amended,  prevailed. 

The  following  is  the  section  as  amended : 

Sec.  14.  The  compensation  of  members  of  the  General 
Assembly  shall  not  exceed  five  hundred  dollars  for  the  term 
for  Avhich  they  are  elected.  The  General  Assembly  may 
provide  for  each  member  or  member  elect  of  the  General  As- 
sembly transportation  by  public  conveyance,  by  the  most  con- 
venient route,  between  Hartford  and  his  home  station  during 
the  session  of  the  General  Assembly  next  to  be  held  or  then 
current. 

Mr.  Maltbie  of  Granby  moved  that  the  entire  resolution, 
as  amended,  comprising  Article  Third  of  the  Constitution, 
be  adopted. 

Mr.  Maltbie  of  Crranby  moved  that  the  vote  be  taken  by 
Yeas  and  ISTays. 

The  motion  for  the  Yeas  and  Nays  prevailed. 

The  vote  was  as  follows : 


JOUKXAL    OF    THE    CONSTITUTIONAL    CONVENTION.  207 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Holmes,  Dickinson,  Looniis, 
Maltbie,  Miller,  Cooley,  Churchill,  Havens,  W.  H.  Hall,  D. 
E.  Phelps. 

j^ew  Haven  County.  —  Messrs.  Fisk,  Stevens,  Griswold, 
Meigs,  Wallace,  Ford,  Hotchkiss,  Russell. 

Xew  London  County.  —  Messrs.  Miner,  Chipman,  King, 
I.  Gillette,  Bromley,  Frink,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Woodman,  Wanzer,  Sanford, 
Barnes,  O.  Hall,  Gorham,  Wakeman. 

Windham  County.  —  Messrs.  Fitts,  Evans,  L.  IN".  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Elliott,  Waldo,  Hunt, 
Bo  wen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Wright,  Ely,  Beards- 
ley,  J.  F.  Smith,  O'Connor,  Camp,  C.  H.  Smith,  Crofut,  D.  T. 
Warner,  Etheridge,  Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  Pelton,  Hubbard,  Purple, 
Xettleton,  W.  H.  Smith,  Hale,  Post. 

Tolland  County.  —  Messrs.  ISTewcomb,  Sumner,  Collins, 
Hawkins,  Charter,  Porter,  Storrs. 

Those  voting  !N"ay  were: 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  Pierce,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Middleton, 
Grant,  Cheney,  Vance,  Condell,  Bartlett,  Holcomb,  Sperry, 
Bissell,  Willard,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
AValsh,  A.  D.  Warner,  S.  E.  Woodward,  A.  E.  Smith,  Mc- 
]\Iahon,  Webb,  Lines,  Marks,  S.  J.  Bryant,  Wooster,  Ken- 
drick,  L^pson. 

Xew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Buell,  Bailey,  J.  F.  Brown,  Huntington,  Morgan. 

Fairfield   County.  —  Messrs.   Dempsey,   E.    H.    Xortlirop, 


208 


JOUKNAL    OF    THE    CONSTITUTIONAL    CONVENTION, 


Jennings,  Perry,  E.  J.  Walsh,  Whitlock,  Slielton,  C.  H. 
Xorllirop,  A.  B.  Woodward,  Merritt,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Milner,  Chandler. 

Litchfield  County.  —  Messrs.  Kellogg,  Whittlesey. 

Middlesex  County. —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Markham,  Brothwell,  Coe,  Blake,  Terrill,  L'Homme- 
dieu. 

Tolland  County. —  Messrs.  Skinner,  Keeney,  Pinney, 
Phelps. 

Those  absent  and  not  voting  were : 

Hartford  County. — Mr.  Eedfield. 

i^ew  Haven  County.  —  Messrs.  A.  E.  Smith,  Merwm, 
AVhittemore,  Davis,  Bishop. 

Xew  London  County.  —  Messrs.  A.  M.  Brown,  Allyn,  Ray- 
mond, Killeen,  Piley,  Hinckley. 

Fairfield  County.  —  Messrs.  Davenport,  Bell,  Seymour. 

Windham  County.  —  Mr.  Bugbee. 

Litchfield  County.  —  Messrs.  Kirby,  Fyler. 

Tolland  County.  —  Messrs.  Kinney,  W.  H.  Hall. 

Whole  number  voting,  .....  145 

ISTecessary  for  passage,  under  Rule  19,  .         .     85 

Those  voting  Yea,  .         .         .79 

Those  voting  Nay,  .         .         .66 

Paired:  Mr.  Mead  of  New  Canaan,  with  Mr.  Stagg  of 
Stratford. 

Mr.  Brown  of  Norwich  raised  the  point  of  order  that  under 
Convention  Rule  19,  neither  the  whole  nor  any  part  of  a 
proposed  C'onstitution  shall  be  adopted  except  by  a  majority 
of  all  the  delegates  elected  and  sworn,  and  that  the  Article 
not  having  received  eighty-five  votes  was  not  adopted. 

The  President  ruled  that  the  point  of  order  was  well  taken, 
and  that,  under  the  provisions  of  Rule  19,  he  could  not  de- 
clare the  article  adopted. 


JOURI^AL    OF    THE    CONSTITUTIONAL    CONVENTION.  209 

]\rr.  Waller  of  J^ew  London  raised  the  point  of  order  that  it 
was  the  duty  of  the  President,  if  a  qiiorum  be  present,  to  de- 
clare any  vote  carried  for  which  a  majority  of  those  present 
had  voted. 

The  President  ruled  that  he  was  bound  by  the  Rule  of  the 
Convention. 

Mr.  Warner  of  Salisbury  moved  to  reconsider  the  vote  on 
Article  Third,  and  that  it  be  made  the  order  of  the  day  for 
Thursday,  March  13th,  at  11.30  o'clock  A.  M. 

Mr.  Perry  of  Fairfield  raised  the  point  of  order  that  a  mo- 
tion to  reconsider  was  not  in  order  unless  a  vote  had  been 
passed  to  be  reconsidered,  or  if  the  motion  to  adopt  had  not 
prevailed,  Mr.  Warner  of  Salisbury  was  not  in  the  majority 
vote  of  the  Convention  and  could  not  move  to  reconsider. 

The  President  ruled  that  the  vote  had  not  prevailed,  and 
the  motion  to  reconsider  made  by  Mr.  Warner  of  Salisbury 
was  not  in  order,  for  the  reason  that  Mr.  Warner  of  Salisbury 
was  not  in  the  majority  vote. 

Mr.  Waller  of  New  London  moved  to  reconsider  the  vote 
on  Article  Third,  and  that  the  motion  to  reconsider  be  made 
the  order  of  the  day  for  Thursday,  March  13th,  at  11.30 
o'clock  A.  M. 

The  motion  prevailed. 

On  motion  of  Mr.  Bryant  of  East  Hartford,  the  Conven- 
tion, at  3.50  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday, 
at  11  o'clock  A.  M. 


c  C.-14 


210  JOURNAL    OF    THE    CONSTITUTIONAL    COXVENTION. 


Thursday,  March  13,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M.,  the 
President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  William  Martin 
Brown  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  i^resent  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  ^Y.  M. 
Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S.  Bryant, 
Middleton,  Grant,  Redfield,  Loomis,  Maltbie,  Miller,  Cheney, 
Cooley,  Vance,  Churchill,  Condell,  Havens,  Bartlett,  Hol- 
comb,  Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E.  Phelps, 
Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  R.  Woodward,  Fisk,  A.  E.  Smith, 
McMahon,  Stevens,  Griswold,  Webb,  Meigs,  Lines,  Wallace, 
Merwin,  Ford,  Marks,  S.  J.  Bryant,  Hotchkiss,  Wooster, 
Russell,  Kendrick,  Upson,  Bishop. 

ISTew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  King,  A.  M.  Brown,  Bailey,  I.  Gillette,  Brom- 
ley, Raymond,  Killeen,  J.  F.  Brown,  Huntington,  Frink, 
Morgan,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messi*s.  Davenport,  Woodman,  E.  H. 
IsTorthrop,  Bell,  Jennings,  Perry,  R.  J.  Walsh,  Shelton,  Mead, 
Wanzer,  C.  H.  Xorthrop,  A.  B.  Woodward,  Sanford,  Barnes, 
Merritt,  Stagg,  O.  Hall,  Gorham,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Fitts,  Evans,  L.  K". 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Hunt,  Chandler,  Bowen. 


JOUEXAL    OF    THE    CONSTITUTIONAL    CONVENTION.  211 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  "Wright,  Ely, 
Beardsley,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H. 
Smith,  Crofut,  D.  T.  Warner,  Etheridge,  Strong,  Brinsmade, 
Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  D.  W.  Xorthrop,  G.  M. 
Clark,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple,  Blake,  ISTet- 
tleton,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Xewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Pinney, 
Phelps. 

Those  absent  and  not  answering  to  their  names  were : 

Hartford  County.  —  Mr.  Jarvis. 

Xew  Haven  County.  —  Messrs.  AYhittemore,  Davis. 

jSTew  London  County.  —  Messrs.  Chipman,  Allyn,  Riley, 
Hincklej'. 

Fairfield  County.  —  Messrs.  Dempsey,  Whitlock,  Sey- 
mour. 

Windham  County.  —  Mr.  Bugbee. 

Litchfield  County.  —  Messrs.  Kirby,  Fyler. 

Middlesex  County.  —  Mr.  Markham. 

Tolland  County.  —  Messrs.  Kinney,  W.  H.  Hall. 

Whole  number  answering,     .  .  .  .153 

Those  absent  and  not  answering,    .  .  .15 

Mr.  Waller  of  Xew  London  moved  that  the  Convention 
reconsider  its  action- on  Section  l-i  of  Article  Third  of  the 
Constitution,  concerning  salaries  of  members  of  the  General 
Assembly. 

The  motion  was  discussed  by  Messrs.  Waller  of  New  Lon- 
don, Fisk  of  Branford,  Sperry  of  South  Windsor,  and  Clark 
of  Haddam. 


212  JOUKXAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Mr.  Waller  of  Xew  London,  by  unanimous  consent,  with- 
drew his  motion. 

Mr.  Loomis  of  Glastonbury  moved  that  the  delegate  from 
Litchfield  be  authorized  to  have  his  vote  recorded  on  the 
adoption  of  Section  3  of  Article  Third,  a  vote  on  which  was 
taken  on  the  preceding  day  (see  Convention  Journal,  March 
12th). 

Mr.  Brown  of  Norwich  raised  the  point  of  order  that  the 
motion  came  too  late. 

The  President  ruled  that  the  motion  was  in  order. 

Mr.  Pierce  of  Bristol  moved  to  amend  the  motion  by  add- 
ing thereto  the  words  "  and  that  any  other  delegate  whose 
vote  was  not  recorded  be  also  so  authorized." 

Mr.  Huntington  of  Old  Lyme  raised  the  point  of  order 
that  it  now  being  11.30  o'clock  A.  M.,  no  motion  could  be 
acted  upon  until  the  Order  of  the  Day  was  disposed  of. 

The  President  ruled  that  the  point  of  order  was  well  taken. 

ORDEK  OF  THE  DAY,  11.30  O'CLOCK  A.  M. 

The  President  stated  that  the  question  before  the  Con- 
vention was  the  motion  of  Mr.  Waller  of  ISTew  London  to 
reconsider  the  vote  on  Article  Third,  which  had  been  made 
the  Order  of  the  Day  for  11.30  o'clock  A.  M. 

The  pending  motions  w^ere  accordingly  not  acted  upon. 

The  motion  to  reconsider  w^as  discussed  by  Mr.  Collins  of 
Columbia. 

The  motion  to  reconsider  prevailed. 

Mr.  Maltbie  of  Granby  moved  that  the  Convention  adopt 
Sections  1,  2,  and  3  of  Article  Third  (Convention  Resolution 
jSTumber  1T4)  as  part  of  the  proposed  Constitution. 

The  motion  was  discussed  by  Messrs.  Maltbie  of  Granby 
and  Waller  of  ISTew  London. 

Mr.  Perry  of  Fairfield  raised  the  point  of  order  that  as  the 
Convention  had  already  acted  on  the  several  sections  separ- 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  213 

ately  the  motion  to  again  vote  on  the  sections  was  not  in 
order. 

At  the  suggestion  of  the  President  Mr.  Maltbie  of  Granby 
withdrew  his  motion. 

Mr.  Webb  of  Hamden  raised  the  point  of  order  that  a 
motion  to  adopt  the  entire  Article  Third  having  been  pre- 
sented, passed  upon,  and  now  reconsidered,  that  the  passage 
of  the  original  motion  was  the  question  before  the  Convention 
for  immediate  vote. 

The  President  ruled  that  the  reconsideration  carried  the 
motion  back  to  the  point  where  the  motion  was  made. 

Mr.  Perry  of  Pairfield  raised  the  point  of  order  that  as  no 
motion  to  reconsider  the  action  of  the  Convention  on  the 
separate  sections  of  Article  Third  had  been  made,  a  motion 
to  act  on  separate  sections  w^as  not  in  order. 

The  President  ruled  that  the  point  of  order  was  not  well 
taken,  stating  that  no  rule  which  he  was  conscious  of  forbids 
the  Convention  to  vote  more  than  once  on  the  same  subject. 

Mr.  Waller  of  New  London  moved  that  the  Convention 
adopt  all  of  Article  Third  except  the  last  section  (Section  14). 

Mr.  Waller  of  Xew  London  withdrew  his  motion. 

The  parliamentary  situation  was  discussed,  under  privilege, 
by  Messrs.  Warner  of  Salisbury,  Bryant  of  East  Hartford, 
and  Waller  of  New  London. 

Mr.  Waller  of  New  London  (by  request)  moved  the  adop- 
tion of  Sections  1,  2,  and  3  of  Article  Third. 

The  motion  was  discussed  by  Mr.  Perry  of  Fairfield. 

Mr.  Waller  of  New  London  withdrew  his  motion. 

Mr.  Maltbie  of  Granby  moved  that  the  Convention  adopt 
Sections  1,  2,  and  3  of  Article  Third  as  part  of  the  proposed 
Constitution. 

The  motion  was  discussed  by  Messrs.  Hall  of  West  Hart- 
ford, Bryant  of  East  Hartford,  and  Fisk  of  Branford. 

Mr.  Maltbie  of  Granby  moved  that  the  vote  be  taken  by 
Yeas  and  Nays. 


214 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


The  motion  prevailed. 

Tlie  motion  to  adopt  Sections  1,  2,  and  3  prevailed. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Holmes,  Dickinson,  Loomis, 
Maltbie,  :Miller,  Coolev,  Churchill,  Havens,  Bartlett,  W.  H. 
Hall,  D.  E.  Phelps. 

"New  Haven  County.  —  Messrs.  Fisk,  Stevens,  Griswold, 
Meigs,  Wallace,  Ford,  Hotchkiss,  Russell. 

New  London  County.  —  Messrs.  Miner,  King,  A.  M. 
Brown,  I.  Gillette,  Bromley,  Killeen,  Frink,  E.  B.  Gallup, 
C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Woodman,  E.  H.  K"orthrop, 
Bell,  Mead,  Wanzer,  Sanford,  Barnes,  O.  Hall,  Gorham, 
Wakeman. 

Windham  County.  —  Messrs.  Fitts,  Evans,  L.  IST.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Elliott,  Waldo,  Hunt, 
Bowen. 

Litchfield  County.  —  Messrs.  Andrews,  W.  B.  Smith, 
Beach,  Case,  Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg, 
Wright,  Ely,  Beardsley,  J.  F.  Smith,  O'Connor,  Camp,  C. 
H.  Smith,  Crofut,  D.  T.  Warner,  Etheridge,  Strong,  Brins- 
made,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  Pelton,  Hubbard,  Purple, 
Xettleton,  W.  H.  Smith,  Hale,  Post. 

Tolland  County.  —  Messrs.  Newcomb,  Sumner,  Collins, 
Hawkins,  Charter,  Porter,  Storrs. 

Those  voting  Kay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  W.  M.  Brown, 
Pierce,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Middleton,  Grant, 
Redfield,  Cheney,  Vance,  Condell,  Holcomb,  Sperry,  Bissell, 
Willard,  Healy.'^ 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  215 

ISTew  Haven  County.  —  Messrs.  Osborn,  Giiilfoile,  D.  T. 
Walsh,  A.  ,D.  Warner,  S.  E.  Woodward,  A.  E.  Smith,  Mc- 
Mahon,  Webb,  Lines,  Merwin,  Marks,  S.  J.  Bryant,  Wooster, 
Kendrick,  Upson,  Bishop. 

jSTew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Buell,  Bailey,  Raymond,  J.  F.  Brown,  Huntington,  Morgan. 

Fairfield  County.  —  Messrs.  Davenport,  Jennings,  Perry, 
R.  J.  Walsh,  Shelton,  C.  H.  Northrop,  A.  B.  Woodward, 
Merritt,   Stagg,   Chichester. 

Windham  County.  —  Messrs.  Boss,  Milner,  Chandler. 

Litchfield  County.  —  Mr.  Whittlesey. 

Middlesex  County.  —  Messrs.  D.  W.  E'orthrop,  G.  M. 
Clark,  Brothwell,  Coe,  Blake,  Terrill,  L'Hommedieu. 

Tolland  County.  —  Messrs.  Skinner,  Keeney,  Pinney, 
Phelps. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Mr.  Jarvis. 

IS'ew  Haven  County.  —  Messrs.  Whittemore  and  Davis. 
Xew  London  County.  —  Messrs.  Chipman  and  Allyn. 
Fairfield  County.  —  Messrs.  Dempsey,  Whitlock,  and  Sey- 
mour. 

AVindham  County.  —  Mr.  Bugbee. 

Litchfield  County.  —  Messrs.  Kirby  and  Fyler, 

Middlesex  County.  —  Mr.  Markham. 

Tolland  County.  —  Messrs.  Kinney  and  W.  H.  Hall. 

Whole  number  voting,  .          .          .  .          .152 

J^ecessary  for  passage,  according  to  Rule  19,     85 

Those  voting  Yea,          .         .  .86 

Those  voting  ISTay,         .         .  .66 

Paired :     Mr.  Riley  of  Sprague, 

Mr.  Hinckley  of  Stonington. 


216 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTIOX. 


Mr.  Maltbie  of  Granby  moved  that  all  remaining  sections, 
except  Section  14  (Sections  4  to  13  inclusive),  be  adopted 
as  part  of  the  proposed  Constitution. 

Mr.  Perry  of  Fairfield  raised  the  point  of  order  that  as  no 
reconsideration  of  the  former  action  on  sections  included  in 
the  motion,  had  been  had,  the  motion  to  adopt  them  was  not 
in  order. 

The  President  ruled  that  the  point  of  order  was  not  well 
taken. 

Mr,  Maltbie  of  Granby  moved  that  the  vote  be  taken  by 
Yeas  and  'Najs. 

The  motion  prevailed. 

The  motion  to  adopt  Sections  4  to  13  inclusive  prevailed. 

The  vote  was  as  follows: 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Holmes,  E.  S.  Gillette,  Dick- 
inson, Loomis,  Maltbie,  Miller,  Cooley,  Churchill,  Havens, 
Bartlett,  Bissell,  W.  H.  Hall,  D.  E.  Phelps. 

Is'ew  Haven  County.  —  Messrs.  D.  T.  Walsh,  Eisk,  Mc- 
Mahon,  Griswold,  Meigs,  Wallace,  Eord,  Hotclikiss,  Kussell. 

IsTew  London  County.  —  Messrs.  Waller,  Miner,  King,  A. 
M.  Brown,  I.  Gillette,  Bromley,  Raymond,  Killeen,  Frink, 
E.  B.  Gallup,  C.  A.  Gallup. 

Eairfield  County.  —  Messrs.  Woodman,  Bell,  Shelton, 
Sanford,  Barnes,  O.  Hall,  Gorham. 

Windham  County.  —  Messrs.  Fitts,  Evans,  L.  X.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Elliott,  Waldo,  Hunt, 
Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 
Beardsley,  J.  E.  Smith,  O'Connor,  Camp,  C.  H.  Smith, 
Crofut,  D.  T.  Warner,  Etheridge,  Strong,  Brinsmade,  Wool- 
son,  Curtiss. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  217 

Middlesex  County.  —  Messrs.  Pelton,  Coe,  Hubbard, 
Purple,  ISTettletou,  Terrill,  Hale,  Post. 

Tollaiid  County.  —  Messrs.  Newcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Phelps. 

Those  voting  ISTay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  W.  M.  Brown, 
Pierce,  Sears,  P.  S.  Bryant,  Middleton,  Grant,  Redfield, 
Cheney,  Vance,  Condell,  Holcomb,  Sperry,  Willard,  Healy. 

ISTew  Haven  County.  —  Messrs.  Osborn,  Guilf oile,  A.  D. 
Warner,  S.  R.  Woodward,  A.  E.  Smith,  Stevens,  Webb, 
Lines, ,  Marks,  S.  J.  Bryant,  Wooster,  Kendrick,  Upson, 
Bishop. 

New  London  County.  —  Messrs.  F.  T.  Brown,  Buell, 
Bailey,  J.  F.  Brown,  Huntington,  Morgan. 

Fairfield  County.  —  Messrs.  Davenport,  Jennings,  Perry, 
E.  J.  Walsh,  Mead,  Wanzer,  E.  H.  iN^orthrop,  A.  B.  Wood- 
ward, Merritt,  Stagg,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Milner. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Brothwell,  Blake,  W.  H.  Smith,  L'Hommedieu. 

Tolland  County.  —  Messrs.  Keeney,  Pinney. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Mr.  Jarvis. 

New  Haven  County.  —  Messrs.  Merwin,  Whittemore,  and 
Davis. 

New  London  County.  —  Messrs.  Chipman,  Allyn,  Eiley, 
and  Hinckley. 

Fairfield  County.  —  Messrs.  Whitlock  and  Seymour. 

Windham  County.  —  Messrs.  Bugbee  and  Chandler. 

Litchfield  County.  —  Messrs.  Whittlesey,  Kirby,  and 
Fyler. 

Middlesex  County.  —  Mr.  Markham. 

Tolland  County.  —  Messrs.  Kinney  and  W.  H.  Hall. 


218  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION, 

Whole  number  voting,  ....   147 

J^ecessarj  for  passage,  according  to  Rule  19,     85 

Those  voting  Yea,  ...      90 

Those  voting  ^ay,  ...       57 

Paired :     Mr.    Dempsey    of    Danbury,    who   would    have 
voted  Yea. 
Mr.    Northrop   of   ISTewtown,   who   would   have 
voted  ISTay. 

Mr.  Maltbie  of  Granby  moved  that  Section  14  of  Article 
Third  be  adopted  as  part  of  the  proposed  Constitution. 

Mr.  Waller  of  New  London  moved  to  amend  Section  14 
by  Schedule  "  C,"  striking  out  lines  one,  two,  and  three,  and 
inserting  in  lieu  fliereof  the  following :  "  The  compensation 
of  members  of  the  General  Assembly  shall  be  three  hundred 
dollars,  provided  that  the  General  Assembly  may  increase  or 
diminish  said  compensation." 

The  amendment  was  discussed  by  Messrs.  Healy  of  Wind- 
sor Locks,  Bryant  of  East  Hartford,  Waller  of  New  London, 
Loomis  of  Glastonbury,  Smith  of  Winchester,  Skinner  of 
Andover,  and  Sperry  of  South  Windsor. 

Mr.  Waller  of  New  London  moved  that  the  Convention 
reconsider  its  action  upon  Section  14. 

On  motion  of  Mr.  Milner  of  Plainiield,  the  previous  ques- 
tion was  ordered. 

The  motion  prevailed. 

Mr.  Clark  of  Haddam  moved  that  the  Convention  take  a 
recess  until  2.15  o'clock  P.  M. 

The  motion  did  not  prevail. 

Mr.  Pierce  of  Bristol  moved  to  amend  Section  14  by 
Schedule  "  D,"  striking  out  the  first  sentence  thereof  and  in- 
serting in  lieu  thereof  the  following :  "  Members  of  the 
House  of  Representatives  shall  be  paid  by  the  several  towns 
such  sum  as  may  from  time  to  time  be  fixed  by  each  town 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


219 


for  itself.  Members  of  the  Senate  shall  be  paid  by  the  State 
such  snm  as  may  from  time  to  time  be  fixed  by  law,  not  ex- 
ceeding five  hundred  dollars."  * 

The  amendment  did  not  prevail. 

Mr.  Waller  of  New  London  moved  that  further  consid- 
eration of  Section  14  be  postponed,  and  that  the  same  be 
hereafter  considered  in  connection  with  Article  Tenth  of  the 
Constitution. 

The  motion  prevailed. 

Mr.  Perry  of  Fairfield  raised  the  question  if  a  vote  should 
not  be  taken  on  the  adoption  of  Article  Third  as  a  whole. 

The  question  was  discussed  by  Messrs.  Perry  of  Fairfield, 
Sperry  of  South  Windsor,  Warner  of  Salisbury,  Davenport 
of  Bridgeport,  and  Brown  of  Norwich. 

The  President  stated  that  he  had  previously  made  no  ruling 
on  this  point,  and  that  at  the  present  time  tliere  was  no  motion 
before  the  Convention. 

Mr.  Perry  of  Fairfield  moved  to  amend  Section  3  of  Arti- 
cle Third  by  Schedule  "  B,"  adding  thereto  the  following 
words :  ''  except  towns  having  a  population  of  five  thousand 
or  over,  which  shall  be  entitled  to  additional  representation." 

The  amendment  was  discussed  by  Messrs.  Northrop  of 
Middletown,  Perry  of  Fairfield,  Davenport  of  Bridgeport, 
and  Maltbie  of  Granby. 

Mr.  Maltbie  of  Granby  raised  the  point  of  order  that  Sec- 
tion 3  having  been  adopted,  the  motion  to  amend  came  too 
late  and  was  not  in  order. 

On  motion  of  Mr.  Hall  of  West  Hartford,  the  Convention, 
at  1.25  o'clock  P.  M.,  adjourned  to  meet  on  Tuesday  at  12.30 
o'clock  P.  M. 


220 


JOURNAL    OF   THE    COXSTITUTIOXAL   COXVEXTIOX. 


Tuesday,  March  18,  1902. 

The  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  Charles  H.  Smith 
of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S.  Bryant,  Mid- 
dleton,  Grant,  Eedfield,  Loomis,  Maltbie,  Miller,  Cheney, 
Cooley,  Yance,  Churchill,  Condell,  Havens,  Bartlett,  Hol- 
comb,  Sperry,  Bissell,  W.  H.  Hall,  Willard,  Healy. 

IsTew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  R.  Woodward,  Fisk,  A.  E.  Smith, 
McMahon,  Stevens,  Griswold,  Meigs,  Lines,  Wallace,  Ford, 
Davis,  Hotchkiss,  Wooster,  Russell,  Kendrick,  Upson,  Bishop. 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Chipman,  King,  Bailey,  I.  Gillette,  Allyn,  Bromley, 
Killeen,  J.  F.  Brown,  Huntington,  Frink,  Morgan,  Riley, 
Hinckley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  E.  H. 
Northrop,  Bell,  Jennings,  Perry,  Whitlock,  Wanzer,  C.  H. 
Northrop,  A.  B.  AVoodward,  Sanford,  Barnes,  Merritt,  Stagg, 
O.  Hall,  Gorham,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  N. 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Hunt,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 
Beardsley,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H. 


JOURNAL   OF   THE    COKSTITUTIONAL   CONVENTION.  221 

Smith,  Crofiit,  D,  T.  Warner,  Etlieridge,  Strong,  Brinsmade, 
Woolson,  Curtiss. 

Middlesex  Connty.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Markham,  Pelton,  Coe,  Hubbard,  Purple,  Blake,  Net- 
tleton,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  jSTewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Pinney, 
Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  W.  M.  Brown,  D.  E.  Phelps. 

New  Haven  County.  —  Messrs.  Webb,  Merwin,  Whitte- 
more,  Marks,  S.  J.  Bryant. 

jSTew  London  County.  —  Messrs.  Buell,  A.  M.  Brown,  Ray- 
mond. 

Fairfield  County.  —  Messrs.  Dempsey,  E.  J.  Walsh,  Shel- 
ton,  Mead,  Seymour. 

Windham  County.  —  Mr.  Boss. 

Litchfield  County.  —  Messrs.  Kirby,  Fyler. 

Middlesex   County.  —  Mr.   Brothwell. 

Tolland  County.  —  Mr.  Kinney. 

Whole   number   answering,    ....   148 
Those  absent  and  not  answering,  .         .         .20 

Mr.  Xorthrop  of  Brookfield  moved  that  the  Convention 
Journal  of  March  13th  be  corrected  so  as  to  show  his  name 
as  voting  in  the  afiirmative  on  Sections  1,  2,  and  3  of  Article 
III,  instead  of  absent  and  not  voting. 

The  motion  prevailed. 

The  President  stated  that  the  question  before  the  Con- 
vention was  the  motion  made  by  Mr.  Perry  of  Fairfield  to 
amend  Section  3  of  Article  Third  by  Schedule  "  B  "  (see 
Convention  Journal,  March  13th,  p.  219). 


222  JOmiNAL    OF    THE    C0]S'STITUTI0:N"AL    CONVENTIO^^ 

Mr.  Maltbie  of  Granby  had  raised  the  point  of  order  that 
the  motion  to  amend  came  too  late  and  was  not  in  order. 

The  point  of  order  was  pending  when  the  Convention  ad- 
journed on  March  13th. 

The  President  ruled  that  the  point  of  order  was  well  taken, 
because  at  the  time  the  amendment  was  offered,  Section  3 
was  not  before  the  Convention,  and  hence  the  amendment 
was  not  in  order. 

Mr.  Perry  of  Tairfield  moved  that  the  previous  question  be 
ordered  on  the  motion  of  Mr.  Maltbie  of  Granby,  that  the 
entire  resolution  (ISro.  1T4),  as  amended,  comprising  Article 
Third  of  the  Constitution  be  adopted  (see  Convention  Jour- 
nal, March  12th,  p.  206),  claiming  that  this  was  the  motion 
reconsidered  on  March  13th  (see  Convention  Journal,  March 
13th),  and  that  this  motion  was  now  pending,  notwithstand- 
ing action  on  constituent  sections  of  the  Article,  since  it  had 
not  been  acted  on  or  withdrawn,  and  the  motions  to  act  on  cer- 
tain sections  not  being  offered  in  lieu  of  or  as  substitutes  for 
this  original  motion. 

The  President  stated  that  he  understood  the  motions  to 
take  action  by  Sections  to  carry  out  the  motion  reconsidered, 
and  that  he  saw  no  distinction  between  action  on  Article 
Third  as  a  whole  and  the  action  taken. 

Mr.  Maltbie  of  Granby  stated  that  he  would  withdraw  the 
motion  made  by  him  and  not  now  acted  upon. 

Mr.  Brown  of  jSTorwich  raised  the  point  of  order  that  after 
a  motion  had  been  acted  on  and  reconsidered  it  was  so  far  in 
the  hands  of  the  Convention  that  it  could  not  be  withdrawn. 

The  President  ruled  that  the  withdrawal  was  in  order  under 
Convention  Rule  15,  and  that  the  point  of  order  was  not 
well  taken. 

CONVENTION   RESOLUTIONS. 

Convention  Eesolution  K'o.  185.  Mr.  Pisk  of  Branford  in- 
troduced a  resolution  providing  that  each  town  may  by  a  ma- 


JOUKNAL    OF    THE    COJS'STITUTIONAL    COIS'VENTIOX.  223 

jority  vote  of  its  electors,  in  matters  jjertaining  to  its  own 
territory,  exercise  equal  legislative  powers  with  those  vested 
in  and  exercised  by  the  General  Assembly. 

The  resolution  was  referred  to  the  committee  of  the  whole. 

Convention  Eesolution  l^o.  186.  Mr.  Davenport  of 
Bridgeport  introduced  a  resolution  providing  for  the  division 
of  the  State  into  forty  Senatorial  and  eighty  Assembly  dis- 
tricts, according  to  population,  each  Senatorial  district  to 
elect  one  Senator  and  each  Assembly  district  one  Repre- 
sentative. 

Mr.  Davenport  of  Bridgeport  moved  that  the  resolution 
be  tabled. 

The  motion  was  discussed  by  Messrs.  Groesbeck  of  Chaplin 
and  Maltbie  of  Granby. 

The  motion  prevailed. 

Mr.  Loomis  of  Glastonbury  moved  that  the  Convention 
go  into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  1  o'clock 
P.  M.,  went  into  committee  of  the  whole. 

COMMITTEE    OF    THE    WHOLE. 

The  Committee  was  called  to  order  at  1.02  o'clock  P.  M., 
Chairman  Perry  in  the  Chair. 

The  Chairman  stated  that  the  question  before  the  com- 
mittee was  on  the  passage  of  an  amendment  offered  by  the 
delegate  from  IsTew  London  to  Section  21  of  the  Declaration 
of  Bights  of  the  present  Constitution. 

Mr.  Smith  of  Winchester  moved  that  further  action  on 
the  question  be  postponed  until  the  next  meeting  of  the  com- 
mittee. 

The  motion  did  not  prevail. 

The  motion  to  amend  was  then  discussed  by  Messrs.  Daven- 
port of  Bridgeport  and  Warner  of  Salisbury. 


224 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


[Mr.  Jarvis  of  Berlin  in  the  Chair.] 

The  motion  was  further  discussed  by  Mr.  Phelps  of  Vernon. 

Mr.  Maltbie  of  Granbv  moved  to  amend  the  amendment  by 
striking  out  the  word  "  remain  "  and  inserting  in  lieu  thereof 
the  word  "  be." 

Mr.  Waller  of  Xew  London  accepted  the  amendment. 

The  motion  was  further  discussed  by  Messrs.  Xorthrop  of 
Xewtown,  Perry  of  Pairfield,  and  Redfield  of  Farmington. 

[Chairman  Perry   in   the   Chair.] 

The  motion  to  amend  was  further  discussed  by  Mr.  Sperry 
of  South  Windsor. 

Mr.  Waller  of  New  London,  at  3.35  o'clock  P.  M.,  moved 
that  the  committee  of  the  whole  rise,  report  progress,  and 
ask  leave  to  sit  again. 

The  motion  did  not  prevail. 

The  pending  amendment  was  further  discussed  by  Mr. 
Waller  of  New  London. 

Mr.  Warner  of  Salisbury,  at  4.01  o'clock  P.  M.,  moved 
that  the  committee  of  the  whole  rise,  report  progress,  and 
ask  leave  to  sit  again. 

The  motion  prevailed. 


Tuesday  afternoon,  March  18,  1902. 

The  Convention  was  called  to  order  at  4.02  o'clock  P.  M., 
the  President  in  the  Chair. 

The  chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen,  after  instructing  him  to  report  progress,  and  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  225 

On  motion  of  Mr.  Loomis  of  Glastonbury,  the  Convention, 
at  4.02  o'clock  P.  M.,  adjourned,  to  meet  on  Wednesday,  at 
1 1  o'clock  A.  M. 


c.  c. — 15 


226  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Wednesday,  Marcli  19,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M.,  the 
President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Kev.  William  Martin 
Bro-wTi  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  Connty.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Redfield,  Loomis,  Maltbie,  Miller, 
Cheney,  Cooley,  Vance,  Chnrchill,  Condell,  Havens,  Bart- 
lett,  Holcomb,  Sperry,  W.  H.  Hall,  Willard,  D.  E.  Phelps, 
Healy. 

iSTew  Haven  Connty.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Wanier,  S.  R.  Woodward,  A.  E.  Smith,  Mc- 
Mahon,  Stevens,  Griswold,  Meigs,  Lines,  Wallace,  Eord, 
Marks,  S.  J.  Bryant,  Davis,  Hotchkiss,  Wooster,  Rnssell,  Ken- 
drick,  Upson,  Bishop. 

Kew  London  Connty.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  Bailey,  I.  Gillette,  Allyn, 
Bromley,  Raymond,  Killeen,  J.  F.  Brown,  Huntington,  Frink, 
Morgan,  E.  B.  Gallup,  C.  A.  Gallnp. 

Fairfield  Connty.  —  Messrs.  Davenport,  E.  H.  Korthrop, 
Bell,  Jennings,  Perry,  Whitlock,  Shelton,  Mead,  Wanzer,  C. 
H.  Northrop,  A.  B.  Woodward,  Sanford,  Seymonr,  Barnes, 
Merritt,  Stagg,  O.  Hall,  Gorham,  Wakeman. 

Windham  Connty.  —  Messrs.  Bngbee,  Fitts,  Evans,  L.  N. 
Clark,  Groesbeck,  Latham,  Bnrnham,  Somes,  Milner,  Elliott, 
Waldo,  Chandler,  Bowen. 

Litchfield  Connty.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beards- 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  227 

ley,  Whittlesey,  J.  F.  Smith,  O'Connor,  C.  H.  Smith,  Crofut, 
D.  T.  Warner,  Kirby,  Etheridge,  Strong,  Brinsmade,  Wool- 
sou,  Curtiss. 

Middlesex  Comity.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Markham,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple, 
Xettleton,  Terrill,  W.  H.  Smith,  Hale,  Post. 

Tolland  County.  —  Messrs.  Skinner,  Collins,  Hawkins, 
Charter,  Porter,  Storrs,  Keeney,  Pinney,  Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  to  their  names  were : 

Hartford  County.  —  Mr.  Bissell. 

i*^ew  Haven  County.  —  Messrs.  Fisk,  Webb,  Merwin, 
Whittemore. 

iSTew  London  County.  —  Messrs.  A.  M.  Brown,  Eiley, 
Hinckley. 

Fairfield  County.  —  Messrs.  Dempsey,  Woodman,  K.  J. 
Walsh,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Camp,  Fyler. 

Middlesex  County.  —  Messrs.  Blake,  L'Hommedieu. 

Tolland  County.  —  Messrs.  Newcomb,  Sumner,  Kinney. 

Whole  number  answering,     ....   146 

Those  absent  and  not  answering,  .  .     ■     .     22 

Mr.  Perry  of  Fairfield  moved  that  when  the  Convention  ad- 
journ on  Thursday,  it  be  to  meet  on  Monday,  March  24th,  at 
12.30  o'clock  P.  M. 

The  motion  prevailed. 

CONVENTlCtN    RESOLUTION. 

Convention  Pesolution  No.  187.  Mr.  Osborn  of  ISTew 
Haven  introduced  a  resolution  against  any  change  in  the 
present  Constitution  changing  or  affecting  in  any  manner  the 
present  law  in  regard  to  hearings  in  damages  upon  default  or 
demurrer  overruled. 


228  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Mr.  Osborn  of  ISTew  Haven  moved  that  the  resolution  be 
tabled,  and  the  resolution  be  printed  in  the  Journal. 
The  motion  prevailed. 
The  following  is  the  resolution : 

To  Colonel  l^orris  G.  Osborn,  Delegate  from  New  Haven  to 
the  Constitutional  Convention  at  Hartford : 
Sir :  —  We,  the  undersigned,  members  of  the  l^ew  Haven 
County  Bar,  residing  in  the  City  of  New  Haven,  respectfully 
urge  you  to  do  all  in  your  power  to  prevent  any  provision 
being  inserted  in  the  proposed  Constitution  of  the  State  of 
Connecticut  changing  or  affecting  in  any  manner  the  present 
law  in  regard  to  hearings  in  damages  upon  default  or  demurrer 
overruled,  and  to  present  this  petition  to  the  Convention. 

Henry  Stoddard, 

Henry  C.  White, 

Edward  H.  Eogers, 

A.  Heaton  Robertson, 

Louis  H.  Bristol, 

John  W.  Bristol, 

John  K.  Beach, 

George  D.  Watrous, 

James  T.  Moran, 

Edmund  Zacher, 

Benjamin  I.   Spock, 

C.  T.  DriscoU, 

Arnon  A.  Ailing, 

Samuel  C.  Morehouse, 

Samuel  H.  Fisher, 

Harry  G.  Day, 

James   E.   Wheeler, 

Leonard  M.  Daggett, 

Harry  F.  Parmelee, 

John  Q.  Tilson, 

John  Hillard, 

Talcott  H.  Russell, 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


229 


James  Kingsley  Blake, 

Albert  T.  AVelles, 

Albert  McClellan  Matthewson, 

John  W.  Edgerton, 

Henry   H.    Townsliend, 

Cbarles  K.  Bush, 

Henry  G.  ISTewton. 

Mr.  Warner  of  Salisbury  moved  that  the  Convention  go 
into  committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  12.18 
o'clock  P.  M.,  went  into  committee  of  the  whole. 

COMMITTEE   OF    THE    WHOLE. 

The  Committee  was  called  to  order  at  12.19  o'clock  P.  M., 
Chaii'man  Peny  in  the  Chair. 

The  Chairman  stated  that  the  question  before  the  com- 
mittee was  on  the  passage  of  an  amendment  offered  by  the 
delegate  from  l^ew  London  to  Section  21  of  the  Declaration 
of  Rights  of  the  present  Constitution,  with  an  amendment 
thereto  which  had  been  offered  by  the  delegate  from  Granby 
and  accepted  by  the  delegate  from  I^ew  London,  and  was  now 
a  part  of  the  amendment. 

The  motion  to  amend  was  discussed  by  Messrs.  Pedfield  of 
Farmington,  Sperry  of  South  Windsor,  Brown  of  iSToi-wich, 
Davenport  of  Bridgeport,  and  Waller  of  ISTew  London. 

The  motion  to  amend  did  not  prevail. 

[Mr.  Hall  of  West  Hartford  in  the  Chair.] 

Mr.  Davenport  of  Bridgeport  moved  to  amend  Section  21 
of  the  Declaration  of  Eights  by  the  adoption  of  Convention 
Resolution  ISTo.  62,  providing  that  in  certain  cases  a  majority 
of  nine  of  a  jury  may  return  a  verdict  which  may  be  accepted 
by  the  court. 

Mr.  Phelps  of  Vernon,  at  12.55  o'clock  P.  M,,  moved  that 
the  committee  of  the  whole  take  a  recess  until  2  o'clock  P.  M. 

The  motion  prevailed. 


230  JOURNAL    OF    THE    CONSTTTUTIONAL    CONVENTIOX. 


Wednesday  afternoon,  March  19,  1902. 
COMMITTEE    OF    THE    WHOLE. 

The  Committee  was  called  to  order  at  2  o'clock  P.  M,, 
Chairman  Perry  in  the  Chair. 

The  Chairman  stated  that  the  question  before  the  commit- 
tee was  the  amendment  to  Section  21  of  the  Declaration  of 
Rights,  offered  by  the  delegate  from  Bridgeport. 

Mr.  Woodward  of  Norwalk  moved  to  amend  the  amend- 
ment. 

Mr.  Davenport  of  Bridgeport  accepted  the  amendment. 

The  motion  to  amend  was  then  discussed  by  Messrs.  Clark 
of  Haddam,  Warner  of  Salisbury,  Davenport  of  Bridgeport, 
and  Brown  of  Norwich. 

The  motion  to  amend  did  not  prevail. 

Mr.  Davenport  of  Bridgeport  moved  that  Convention  Reso- 
lution jSTo.  182  providing  that  the  General  Assembly  shall 
not  grant  divorces  nor  pass  retrospective  laws,  nor  limit  the 
amount  to  be  recovered  for  injuries  resulting  from  death,  shall 
be  made  Section  22  of  the  Declaration  of  Rights. 

Mr.  Loomis  of  Glastonbury  raised  the  point  of  order  that 
the  resolution  could  not  be  entertained  until  Section  21  of  the 
Declaration  of  Rights  was  disposed  of. 

The  Chairman  ruled  that  the  point  of  order  was  well  taken. 

Mr.  Maltbie  of  Granby  moved  that  Section  21  of  the 
Declaration  of  Rights  be  amended  by  Convention  Resolution 
No.  64,  providing  that  the  right  of  trial  by  jury  shall  remain 
inviolate,  but  a  default  or  refusal  to  plead  over  after  demurrer 
overruled  shall  be  a  conclusive  admission  of  legal  liability 
and  of  every  material  fact  alleged  by  the  opposing  party,  ex- 
cept the  extent  of  his  actual  loss  or  damage. 

Mr.  Maltbie  amended  his  amendment  by  striking  out  in  the 


JOUKXAL    OF    THE    CONSTITUTIONAL    CONVENTION.  231 

first  line  the  word  "  remain,"  and  inserting  in  lieu  thereof  the 
word  "  be,"  and  by  inserting  after  the  word  "  but "  in  the 
second  line  the  words  "  in  actions  at  law." 

The  motion  to  amend  was  discussed  by  Messrs.  Maltbie  of 
Granby,  Brown  of  ISTorwich,  Clark  of  Haddam,  Smith  of  Win- 
chester, Waller  of  ISTew  London,  ISTorthrop  of  Middletown, 
and  Pierce  of  Bristol. 

The  motion  did  not  prevail. 

The  motion  to  adopt  Section  21  of  the  Declaration  of 
Rights  then  prevailed. 

Mr.  Davenport  of  Bridgeport  moved  that  Section  22  of 
Convention  Resolution  ISTo.  178,  providing  that  the  legislature 
shall  not  fix  any  maximum  amount  of  money  to  be  recovered 
for  injuries  which  result  in  death,  be  adopted  as  Section  22 
of  the  Declaration  of  Rights. 

Mr.  Loomis  of  Glastonbury,  at  3.58  P.  M.,  moved  that  the 
committee  of  the  whole  rise,  and  that  the  Chairaian  be  in- 
structed to  report  to  the  Convention  the  favorable  action  of 
the  committee  on  the  matters  referred  to  it,  and  ask  leave  to 
sit  again. 

The  motion  prevailed. 


Wednesday  afternoon,  March  19,  1902. 

The  Convention  was  called  to  order  at  3.59  o'clock  P.  M., 
the  President  in  the  Chair. 

The  Chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  subject  referred  to  it, 
and  risen  after  instructing  him  to  report  favorably  certain 
matters  adopted  by  the  committee,  and  ask  leave  to  sit  again. 

The  report  was  accepted,  and  the  request  granted. 

Mr.  Loomis  of  Glastonburv  moved  that  the  Chairman  of 


232  JOURNAL    OF    THE    CONSTITUTIONA.L    CONVENTION. 

the  committee  of  the  whole  report  to  the  Convention  the 
action  of  the  committee  on  the  matters  referred  to  it. 

The  motion  prevailed. 

The  Chairman  of  the  committee  of  the  whole  then  reported 
to  the  Convention  that  the  committee  of  the  whole  had 
adopted  Section  21  of  the  Declaration  of  Eights  of  the  present 
Constitution. 

On  motion  of  Mr.  Loomis  of  Glastonbury,  the  report  was 
tabled. 

Mr.  Loomis  of  Glastonbury  gave  notice  to  the  Convention 
that  on  Thursday  he  would  move  a  reconsideration  of  the  vote 
previously  passed  by  the  Convention,  that  when  the  Conven- 
tion adjourn  on  Thursday,  it  be  to  meet  on  Monday,  March 
24th,  at  12.30  o'clock  P.  M. 

On  motion  of  Mr.  Clark  of  Haddam,  the  Convention,  at 
4.01  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday,  at  11 
o'clock  A.  M. 


JOrRIs'AJ.    OF    THE    COKSTITUTIONAL"   CONVENTION.  233 


Thursday,  Marct  20,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  Charles  H.  Smith 
of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Loomis,  Maltbie,  Cooley,  Vance, 
Churchill,  Condell,  Havens,  Bartlett,  Holcomb,  Sperry,  W, 
H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

Xew  Haven  County.  —  Messrs.  Osbom,  D.  T.  Walsh,  A. 
D.  Warner,  S.  R.  Woodward,  Stevens,  Griswold,  Webb, 
Meigs,  Lines,  AVallace,  Eord,  S.  J.  Bryant,  Davis,  Hotchkiss, 
Wooster,  Russell,  Kendrick,  Upson,  Bishop. 

iSTew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Bromley,  Raymond,  Killeen,  J.  E.  Brown,  Hunt- 
ington, Frink,  Morgan,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  E.  H. 
Northrop,  Jennings,  Perry,  Whitlock,  Shelton,  Wanzer,  C. 
H.  Northrop,  A.  B.  Woodward,  Sanford,  Seymour,  Barnes, 
Merritt,  Stagg,  O.  Hall,  Gorham,  Wakeman. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  N. 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Hunt,  Chandler,  Bo  wen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Beardsley, 


234  JOUR>ML    OF    THE    COXSTITUTIONAL    CO]\'VENTIOX. 

Whittlesey,  J.  F.  Smith,  O'Connor,  C.  H.  Smith,  Crofnt, 
D.  T.  Warner,  Kirbv,  Etheridge,  Strong,  Brinsmade,  Wool- 
son,  Cnrtiss. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple,  Nettleton, 
Terrill,  W.  H.  Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Newcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Pinney,  Phelps, 
W.  H.  Hall. 

Those  absent  and  not  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  Eedfield,  Miller,  Cheney, 
Bissell. 

ISTew  Haven  County.  —  Messrs.  Guilf oile,  Fisk,  A.  E. 
Smith,  McMahon,  Merwin,  Whittemore,  Marks. 

Xew  London  County.  —  Messrs.  Kiley,  Hinckley,  E.  B. 
Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  Bell,  P.  J.  Walsh, 
Mead,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Waldo. 

Litchfield  County.  —  Messrs.  Hayes,  Ely,  Camp,  Fyler. 

Middlesex  County.  —  Messrs.  Markham,  Blake. 

Tolland  County.  —  Messrs.  Keeney,  Kinney. 

Whole  number  answering,     .  .  .  .139 

Those  absent  and  not  answering,  .  .  .29 

CONVENTION    RESOLUTION. 

Convention  Resolution  ISTo.  188.  Mr.  Osborn  of  jS^ew 
Haven  introduced  a  resolution  providing  that  the  Convention 
take  a  recess  on  April  3d  for  the  purpose  of  engrossing  the 
Constitution  to  be  submitted  to  the  people,  and  that  when  the 
same  has  been  reported  and  acted  upon,  the  Convention  ad- 
journ sine  die.  Also  raising  a  committee  of  five  to  be  ap- 
pointed by  the  President  to  engross  the  Constitution. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  235 

The  resohition  was  discussed  by  Messrs.  Osborn  of  jSTew 
Haven,  Smith  of  Winchester,  Waller  of  iSTew  London,  Daven- 
port of  Bridgeport,  and  Clark  of  Haddam. 

Mr.  Smith  of  Winchester  moved  that  the  resolution  be 
tabled. 

The  motion  prevailed. 

Mr.  Loomis  of  Glastonbury  moved  that  the  Convention  re- 
consider its  action  in  voting  that  when  the  Convention 
adjourn  on  Thursday,  it  be  to  meet  on  Monday,  March  24th, 
at  12.30  o'clock  P.  M.  (see  Convention  Journal,  March  19th). 

The  motion  to  reconsider  prevailed'. 

Mr.  Clark  of  Haddam  moved  that  when  the  Convention 
adjourn  it  be  to  meet  on  Tuesday  March  25th,  at  12.30 
o'clock  P.  M. 

The  President  ruled  that  the  provisions  of  the  motion 
being  identical  with  those  of  the  existing  rule,  that  the  mo- 
tion was  not  in  order. 

Mr.  Loomis  of  Glastonbury  moved  that  the  Preamble  and 
Articles  First  and  Second  of  the  Constitution  be  made  the 
Order  of  the  Day  for  Tuesday,  March  25th,  at  12.30  o'clock 
P.  M. 

Mr.  Brown  of  jSTorwich  raised  the  point  of  order  that  the 
motion  to  adjourn  to  Monday  had  been  reconsidered,  and  was 
now  before  the  Convention,  and  hence  the  motion  of  Mr. 
Loomis  of  Glastonbury  was  not  in  order. 

The  President  ruled  that  the  point  of  order  was  well  taken. 

The  motion  to  adjourn  to  Monday  was  discussed  by  Messrs. 
Perry  of  Fairfield  and  Clark  of  Haddam. 

The  motion  did  not  prevail. 

Mr.  Loomis  of  Glastonbury  renewed  his  motion  that  the 
Preamble  and  Articles  First  and  Second  be  made  the  Order 
of  the  day  for  Tuesday,  March  25th,  at  12.30  o'clock  P.  M. 

The  motion  was  discussed  by  Mr.  Perry  of  Fairfield. 

Mr.  Loomis  of  Glastonbury  withdrew  his  motion. 

Mr.  Perry  of  Fairfield  moved  that  the  committee  of  the 
whole  be  instructed  to  report  back  to  the   Convention   all 


236  JOUKNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

matters  referred  to  it,  without  further  recommendations  by 
the  committee  regarding  them. 

The  motion  was  discussed  by  Messrs.  Perry  of  Fairflekl, 
Davenport  of  Bridgeport,  and  Loomis  of  Glastonbury. 

Mr.  Loomis  of  Glastonbury  moved  to  amend  the  motion  so 
that  the  committee  of  the  whole  be  instructed  to  report  no 
further  on  the  Bill  of  Rights. 

The  amendment  was  discussed  by  Messrs.  Smith  of  Win- 
chester, Hall  of  West  Hartford,  Perry  of  Fairfield,  and  Hall 
of  Willington. 

The  amendment  did  not  prevail. 

The  motion  prevailed. 

CONVENTION    RESOLUTION. 

Convention  Resolution  N'o.  189.  Mr.  Osborn  of  Kew 
Haven  introduced  a  resolution  providing  that  a  member's 
right  to  the  floor  be  restricted  to  ten  minutes,  unless  the  time 
be  extended  by  unanimous  consent,  and  that  no  member  shall 
speak  twice  on  the  same  subject. 

The  resolution  was  discussed  by  Messrs.  Perry  of  Fairfield, 
Smith  of  Winchester,  Vance  of  New  Britain,  Bryant  of  East 
Hartford,  Davenport  of  Bridgeport,  and  Osborn  of  Xew 
Haven. 

The  resolution  did  not  prevail. 

Mr.  Perry  of  Fairfield  moved  that  the  Convention  go  into 
committee  of  the  whole. 

The  motion  prevailed,  and  the  Convention,  at  12.01  o'clock 
P.  M,,  went  into  committee  of  the  whole. 

COMMITTEE    OP    THE    WHOLE. 
The  Committee  was  called  to  order  at  12.02  o'clock  P.  M., 
Chairman  Perry  in  the  Chair. 

Mr.  Loomis  of  Glastonbury  moved  that,  pursuant  to  the 
instructions  of  the  Convention  the  Committee  report  back  to 
the  Convention,  without  further  recommendations,  all  mat- 
ters referred  to  the  Committee. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  237 

Mr.  Davenport  of  Bridgeport  raised  the  point  of  order  that 
the  motion  made  by  him  to  add  Section  22  of  Convention 
Eesohition  No.  1Y8  (see  Convention  Journal,  March  19th) 
to  the  Bill  of  Rights,  which  was  before  the  Committee  at  the 
rising  of  the  Committee  on  March  19th,  was  still  pending, 
and  the  motion  of  Mr.  Loomis  of  Glastonbury  was  not  in 
order. 

The  Chairman  ruled  that  the  direction  voted  by  the  Con- 
vention controls  the  action  of  the  Committee,  and  the  Com- 
mittee must  report  back,  without  recommendations,  all  mat- 
ters before  it,  including  the  pending  motion,  and  that  the 
motion  to  so  report  back  was  in  order. 

The  motion  prevailed. 

Mr.  Loomis  of  Glastonbury,  at  12.04  P.  M.,  moved  that 
the  committee  of  the  whole  rise,  and  that  the  Chairman  be 
instructed  to  report  to  the  Convention  the  action  qf  the  Com- 
mittee on  the  matters  referred  to  it. 

The  motion  prevailed. 


Thursday  afternoon,  March  20,  1902. 

The  Convention  was  called  to  order  at  12.05  P.  M.,  Vice- 
President  Waller  in  the  Chair. 

The  Chairman  of  the  committee  of  the  whole  reported  that 
the  committee  had  met,  considered  the  matters  referred  to  it, 
and  risen  after  instructing  him  to  report  back  to  the  Con- 
vention all  matters  pending  before  it,  ^^athout  recommenda- 
tion. 

On  motion  of  Mr.  Brown  of  Norwich,  the  report  was  ac- 
cepted, and  the  resolutions  reported  were  tabled. 

Convention  Resolution  No.  178.  (See  Convention  Jour- 
iKil,  March  19th.)     A  resolution  adding  certain  provisions  to 


238  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

the  Bill  of  Eights  was  taken  from  the  table,  on  motion  of 
]\Ir.  Perry  of  Fairfield. 

Mr.  Davenport  of  Bridgeport  moved  that  Section  22  of 
Convention  Kesolntion  ISTo.  178  be  added  to  the  Bill  of 
Rights, 

The  resolution  was  discussed  by  Messrs.  Clark  of  Haddam, 
Davenport  of  Bridgeport,  Clark  of  Hartford,  Brown  of  Xov- 
wich. 

[The  President  in  the  Chair.] 

The  motion  was  further  discussed  by  Messrs.  Bryant  of 
East  Hartford,  Waller  of  jSTew  London,  and  Smith  of  Win- 
chester. 

Mr.  Davenport  of  Bridgeport  moved  that  the  vote  he  taken 
by  Yeas  and  Xays. 

The  motion  prevailed. 

The  motion  to  amend  did  not  prevail. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  P.  S.  Bryant,  Maltbie,  Vance, 
Churchill,  Bartlett,  Healy. 

Xew  Haven  County.  ■ —  Messrs.  Osborn,  D.  T.  Walsh,  Rus- 
sell, Kendrick. 

!Xew  London  County. —  Messrs.  Chipman,  Bailey,  Killeen. 

Pairfield  County.  —  Messrs.  Davenport,  Woodman,  Wan- 
zer,  C.  H.  Xorthrop,  Merritt. 

Windham  County.  —  Messrs.  Bugbee,  Bowen. 

Litchfield  County. — Messrs.  W.  B.  Smith,  Case,  Belden, 
J.  H.  Smith,  O'Connor,  Crofut. 

Middlesex  County.  —  Mr.  Hale. 

Tolland  County.  —  Messrs.  Newcomb,  Hawkins,  W.  H. 
Hall. 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


239 


Those  voting  nay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  E.  S.  Gillette,  Sears,  Middleton,  Grant, 
Loomis,  Coolej,  Condell,  Havens,  Holcomb,  Sperry,  W.  H. 
Hall,  D.  E.  Phelps. 

New  Haven  County.  —  Messrs.  A.  D.  Warner,  S.  E. 
Woodward,  Stevens,  Webb,  Meigs,  Lines,  Wallace,  Ford,  S. 
J.  Bryant,  Davis,  Hotchkiss,  Wooster,  Upson,  Bishop. 

Xew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  King,  A.  M.  Brown,  I.  Gillette,  Allyn,  Brom- 
ley, Raymond,  J.  E.  Brown. 

Fairfield  County.  —  Messrs.  E.  H.  ISIorthrop,  Jennings, 
Perry,  Whitlock,  Wanzer,  Sanford,  Seymour,  Barnes,  Stagg, 
O.  Hall,  Gorham,  Wakeman. 

Windham  County.  —  Messrs.  Evans,  L.  IST.  Clark,  Groes- 
beck,  Latham,  Burnham,  Somes,  Milner,  Elliott,  Hunt, 
Chandler. 

Litchfield  County.  —  Messrs.  Beach,  Mallett,  Beardsley, 
Whittlesey,  J.  F.  Smith,  C.  H.  Smith,  D.  T.  Warner,  Kirby, 
Etheridge,  Strong,  Brinsmade,  Woolson. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Brothwell,  Coe,  Purple,  Nettleton,  Terrill,  W.  H. 
Smith,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Collins, 
Charter,  Porter,  Storrs,  Pinney,  Phelps. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Pierce,  Dickinson,  Eedfield, 
Miller,  Cheney,  Bissell,  Willard. 

New  Haven  County.  —  Messrs.  Guilfoile,  Fisk,  A.  E. 
Smith,  McMahon,  Griswold,  Merwin,  Whittemore,  Marks. 

Xew  London  County.  —  Messrs.  Huntington,  Frink,  ]\Ior- 
gan,  Eiley,  Hinckley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  Bell,  E.  J.  Walsh, 
Shelton,  Mead,  A.  B.  Woodward,  Chichester. 


240  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Windham  Coimty,  —  Messrs.  Boss,  Fitts,  Waldo. 

Litchfield  County. —  Messrs.  Hayes,  Kellogg,  Wright,  Ely, 
Camp,  Tyler,  Ciirtiss. 

Middlesex  County.  —  Messrs.  Markham,  Pelton,  Hubbard, 
Blake. 

Tolland  County.  —  Messrs.  Keeney,  Kinney. 


Whole  number  voting. 

. 

. 

122 

Necessary   for   passage. 

. 

. 

63 

Those  voting  Yea, 

. 

29 

Those  voting  Nay, 

. 

93 

Those  absent  and 

not 

voting. 

45 

Mr.  Davenport  of  Bridgeport  moved  that  the  remainder  of 
Convention  Kesolution  No.  178  be  referred  to  the  committee 
of  the  whole. 

The  motion  did  not  prevail. 

Mr.  Clark  of  Haddam,  at  1.01  o'clock  P.  M.,  moved  that 
the  Convention  take  a  recess  until  2  o'clock  P.  M. 

The  motion  prevailed. 


Thursday  afternoon,  March  20,  1902. 

The  Convention  was  called  to  order  at  2  o'clock  P.  M.,  the 
President  in  the  Chair. 

Mr.  Loomis  of  Glastonbury  moved  that  the  Preamble  and 
Articles  First  and  Second  be  made  the  Order  of  the  Day  for 
Tuesday,  March  25th,  at  12.30  o'clock  P.  M. 

The  motion  was  discussed  by  Messrs.  Etheridge  of  Thom- 
aston  and  Smith  of  Winchester. 

Mr.  Kendrick  of  AVallingford  moved  that  the  motion  be 
tabled. 

The  motion  to  table  did  not  prevail. 

Mr.  Loomis  of  Glastonbury  withdrew  his  motion. 


JOURNAL    OF    THE    CONSTITrTIO:S'AL    CONVENTION.  241 

Convention  Eesolntion  jSTo.  179.  See  Convention  Journal, 
March  lltli.)  A  resolution  adding  to  the  Bill  of  Eights  a 
provision  for  trial  by  jury  for  violations  of  injunctions  con- 
cerning labor  strikes  was  taken  from  the  table,  on  motion  of 
Mr.  Walsh  of  Ansonia. 

Mr.  Walsh  of  Ansonia  moved  the  adoption  of  the  resolu- 
tion. 

The  resolution  was  discussed  by  Messrs.  Walsh  of  Ansonia, 
Brown  of  jSTorwich,  Clark  of  Haddam,  jSTorthrop  of  Middle- 
town,  and  Davenport  of  Bridgeport. 

Mr.  Walsh  of  Ansonia  moved  that  the  vote  be  taken  by 
Yeas  and  iN^ays. 

The  motion  did  not  prevail. 

The  resolution  was  then  rejected. 

Convention  Kesolution  No.  61.  (See  Convention  Journal, 
January  14th.)  A  resolution  concerning  trial  by  jury  of 
injunction  proceedings  concerning  labor  strikes  was  taken 
from  the  table,  on  motion  of  Mr.  Walsh  of  Ansonia. 

Mr.  Walsh  of  Ansonia  moved  the  adoption  of  the  reso- 
lution. 

The  resolution  was  discussed  by  Messrs.  Walsh  of  Ansonia, 
Clark  of  Haddam,  and  Davenport  of  Bridgeport. 

Mr.  Walsh  of  Ansonia  moved  that  the  vote  be  taken  by 
Yeas  and  ISTays. 

The  motion  did  not  prevail. 

The  resolution  was  then  rejected. 

On  motion  of  Mr.  Holcomb  of  Southington,  the  Conven- 
tion, at  3.40  o'clock  P.  M.,  adjourned  to  meet  on  Tuesday  at 
12.30  o'clock  P.  M. 


16 


242  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Tuesday,  March  25,  1902. 

The  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  William  Martin 
Brown  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Redfield,  Loomis,  Maltbie,  Miller, 
Cooley,  Vance,  Churchill,  Condell,  Havens,  Bartlett,  Hol- 
comb,  Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E.  Phelps, 
Healy. 

Xew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  S.  E.  Woodward,  A.  E.  Smith,  McMahon,  Stevens, 
Griswold,  Meigs,  Lines,  Ford,  S.  J.  Bryant,  Davis,  Hotchkiss, 
Wooster,  Russell,  Upson,  Bishop. 

iSI^ew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Bromley,  Raymond,  Killeen,  J.  F.  Brown,  Hunt- 
ington, Frink,  Morgan,  E.  B*  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  Bell, 
Perry,  Whitlock,  Shelton,  Wanzer,  C.  H.  Northrop,  A.  B. 
Woodward,  Sanford,  Seymour,  Barnes,  Stagg,  0.  Hall,  Wake- 
man,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Fitts,  Groes- 
beek,  Latham,  Buruham,  Somes,  Milner,  Elliott,  Waldo, 
Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beardsley,  Whit- 


JOURN-AL    OF    THE    CONSTITUTIO]\"AL    CONVENTION,  243 

tlesev,  J.  F.  Smith,  O'Connor,  C.  H.  Smith,  Crofiit,  D.  T. 
"Warner,  Etheridge,  Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  D.  W.  i^^oi-throp,  G.  M. 
Chirk,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple,  Blake,  ISTet- 
tleton,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  ISTewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  to  their  names  were : 

Hartford  County.  —  Mr.  Cheney. 

ISTew  Haven  County.  —  Messrs.  A.  D.  Warner,  Pisk,  Webb, 
Wallace,  Merwin,  Whittemore,  Marks,  Kendrick. 

Xew  London  County.  —  Messrs.  Eiley,  Hinckley. 

Fairfield  County.  —  Messrs.  Dempsey,  E.  H.  jSTorthrop, 
Jennings,  K.  J.  Walsh,  Mead,  Merritt,  Gorham. 

Windham  County.  —  Messrs.  Evans,  L.  iST.  Clark,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Mallett,  Camp,  Kirby, 
Fyler. 

Middlesex  County.  —  Mr.  Markham. 

Tolland  County.  —  Messrs.  Keeney,  Pinney,  Kinney. 

Whole  number  answering,  '   .  .  .  .138 

Those  absent  and  not  answering,    .  .  .30 

CONVENTION  RESOLUTION. 

Convention  Kesolution  No.  188.  (See  Convention  Journal, 
March  20th.)  Providing  for  final  adjournment  and  raising 
an  engrossing  committee,  was  taken  from  the  table,  on  motion 
of  Mr.  Osborn  of  Xew  Haven. 

Mr.  Osborn  of  Xew  Haven  moved  that  the  resolution  be 
adopted. 

The  resolution  was  discussed  by  Messrs.  Osborn  of  ISTew 
Haven,  Smith  of  Winchester,  Clark  of  Haddam,  and  AYarner 
of  Salisbury. 

Mr.  Osborn  of  Xew  Haven  moved  that  the  resolution  be 


244        JOUEXAL  or  the  coxstitutioxal  convextiox. 

tabled,  and  made  the  Order  of  the  Day  for  Thursday,  ^farch 
27th,  at  11  o'clock  A.  M. 

The  motion  prevailed. 

Convention  Eesoliition  Xo.  178.  (See  Convention  Journal, 
March  20th.)  A  resolution  adding  certain  provisions  to  the 
Bill  of  Eights  was  taken  from  the  table,  on  motion  of  Mr. 
Davenport  of  Bridgeport. 

Mr.  Davenport  of  Bridgeport  moved  that  Section  23  of  the 
resolution,  providing  that  "  the  rights  of  labor  shall  have  just 
protection  through  laws  calculated  to  secure  to  the  laborer 
proper  rewards  for  his  services,  and  to  promote  the  industrial 
welfare  of  the  State,"  and  that  "  the  legislature  shall  by  ap- 
propriate legislation  see  that  the  provisions  of  this  section  are 
enforced,"  be  added  to  the  Bill  of  Rights  as  Section  22. 

The  motion  was  discussed  by  Messrs.  Davenport  of  Bridge- 
port, Warner  of  Salisbury,  Waller  of  Xew  London,  and 
Brown  of  Norwich. 

Mr.  Brown  of  j^onvich  moved  to  amend  by  Schedule  "A," 
as  follows : 

Schedule  "  A." 

Strike  out  all  after  the  enacting  clause,  and  insert  in  lieu 
thereof  the  following :  "  It  is  the  sense  of  this  Convention 
that  there  should  be  inserted  in  the  Constitution  a  provision 
that  all  men  when  they  form  a  social  compact  are  equal  in 
rights;  that  their  rights  should  receive  equal  and  adequate 
protection  by  law,  and  that  the  General  Assembly  shall  en- 
force this  provision  by  appropriate  legislation." 

The  amendment  was  discussed  by  Messrs.  Brown  of  ISTor- 
wich,  Waller  of  l\evj  London,  and  Davenport  of  Bridgeport. 

Mr.  Waller  of  New  London  moved  that  the  amendment 
be  indefinitely  postponed. 

On  motion  of  Mr.  Clark  of  Haddam,  the  previous  question 
was  ordered. 

Mr.  Waller  of  New  London  withdrew  his  motion. 


JOUENAL    OF    THE    CO^'STITUTIONAL    CONVENTION.  245 

Mr.  Bryant  of  East  Hartford  moved  that  the  vote  on  the 
amendment  be  taken  by  Yeas  and  Xays, 

The  motion  did  not  prevaih 

The  amendment  did  not  prevail. 

]\[r.  Davenport  of  Bridgeport  moved  that  the  vote  on  the 
original  motion  be  taken  by  Yeas  and  Xays. 

The  motion  did  not  prevail. 

The  motion  to  add  Section  23  to  the  Bill  of  Rights  did  not 
prevail. 

Mr.  Davenport  of  Bridgeport  moved  that  Section  24  of 
Convention  Eesolution  jSTo.  178  be  added  to  the  Bill  of  Rights 
as  Section  22,  as  follows: 

"  The  General  Assembly  shall  not  grant  any  petition  for 
divorce,  or  pass  any  retrospective  laws  impairing  vested  rights, 
but  may  by  general  laws  authorize  courts  to  carry  into  effect 
upon  such  terms  as  shall  be  just  and  equitable  the  manifest 
intention  of  parties  and  officers  by  curing  omissions,  defects, 
and  errors  in  instruments  and  proceedings  arising  out  of  the 
want  of  conformity  with  the  laws  of  the  State;  nor  shall  it 
pass  any  law  making  irrevocable  any  grant  or  special  privi- 
leges or  immunities." 

The  motion  was  discussed  by  Messrs.  Davenport  of  Bridge- 
port and  Brown  of  ISTorwich. 

On  motion  of  Mr.  Clark  of  Haddam,  the  previous  question 
was  ordered. 

The  motion  did  not  prevail, 

[Mr.  AYaller  of  Xew  London  in  the  Chair.] 

Mr.  Clark  of  Hartford  moved  that  hereafter  a  member's 
right  to  the  floor  be  restricted  to  ten  minutes,  unless  unani- 
mous consent  is  given,  and  no  member  shall  speak  more  than 
once  on  the  same  subject. 

The  motion  was  discussed  by  Mr.  Smith  of  Winchester. 

The  motion  did  not  prevail. 

Mr.  Davenport  of  Bridgeport  moved  that  Section  25  of 


246  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Convention  Resolution  Xo,  178  be  added  to  the  Bill  of  Eights, 
as  Section  22,  as  follows; 

"  It  shall  be  the  duty  of  the  General  Assembly  from  time 
to  time,  as  necessity  may  require,  to  enact  such  laws  as  may 
be  necessary  to  prevent  all  trusts,  pools,  combinations,  or  other 
organizations  from  contriving  to  depreciate  below  its  real 
value  any  article,  or  to  enhance  the  cost  of  any  article  above 
its  real  value." 

The  motion  did  not  prevail. 

Mr.  Davenport  of  Bridgeport  moved  that  Section  26  of 
Convention  Eesolution  Xo.  178  be  added  to  the  Bill  of  Eights 
as  Section  22,  as  follows: 

"  Xo  estate  in  fee  simple,  fee  tail,  or  any  less  estate  shall  be 
given  by  deed  or  will,  to  any  persons  but  such  as  are  at  the 
time  of  the  delivery  of  such  deed  or  death  of  the  testator  in 
being,  or  to  their  immediate  issue  or  descendants;  and  every 
estate  given  in  fee  tail,  shall  be  an  absolute  estate  in  fee  sim- 
ple to  the  issue  of  the  first  donee  in  tail." 

The  resolution  was  discussed  by  Mr.  Davenport  of  Bridge- 
port. 

On  motion  of  Mr.  Clark  of  Haddam,  the  previous  question 
was  ordered. 

The  motion  did  not  prevail. 

Convention  Eesolution  Xo.  180.  (See  Convention  Journal, 
March  20th.)  A  resolution  concerning  the  equality  of  all 
persons  before  the  law  was  taken  from  the  table  on  motion  of 
Mr.  Osbom  of  Xew  Haven. 

Mr.  Osborn  of  Xew  Haven  moved  that  the  resolution  be 
adopted. 

The  resolution  was  discussed  by  Messrs.  Osborn  of  Xevv' 
Haven  and  Davenport  of  Bridgeport. 

The  resolution  was  then  passed  unanimously. 

Following  is  the  resolution : 
Eesolved  by  this  Convention : 

The  equality  of  all  persons  before  the  law  is  recognized, 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  247 

and  no  citizen  shall  be  deprived  of  any  right,  privilege,  or 
immunity,  nor  exempted  from  any  burden  or  duty  on  account 
of  race  or  color. 

Convention  Resolution  jSTo.  67.  (See  Convention  Journal, 
January  14th.)  A  resolution  concerning  issue  of  bonds  by 
municipalities  was  taken  from  the  table  on  motion  of  Mr. 
Davenport  of  Bridgeport. 

Mr.  Davenport  of  Bridgeport  moved  to  add  the  resolution  to 
the  Bill  of  Rights. 

The  resolution  was  discussed  by  Messrs.  Davenport  of 
Bridgeport,  j^orthrop  of  Middletown,  and  Clark  of  Haddam. 

Mr.  Perry  of  Fairfield  moved  to  amend  the  resolution  by 
Schedule  "  A,"  as  follows : 

In  line  five,  after  the  word  "  bonds,"  insert  the  words  ''  or 
other  form  of  indebtedness." 

Mr.  Davenport  of  Bridgeport  accepted  the  amendment. 

The  resolution  was  further  discussed  by  Messrs.  Pierce  of 
Bristol  and  Davenport  of  Bridgeport. 

The  resolution  was  then  passed. 

The  following  is  the  resolution,  as  amended : 
Resolved  by  this  Convention : 

The  follomng  provision  shall  be  inserted  in  the  Constitu- 
tion :  "  The  legislature  shall  not  authorize  any  municipality 
to  issue  bonds  or  debentures  for  any  purpose  except  to  take  up 
an  outstanding  issue  of  bonds  or  other  form  of  indebtedness, 
unless  the  act  so  authorizing  such  issue  shall  contain  a  pro- 
vision submitting  to  the  qualified  electors  of  such  municipality 
the  question  whether  such  issue  shall  be  made  or  not,  and  no 
such  issue  shall  be  made  unless  the  same  is  approved  by  a 
majority  of  the  electors  so  voting  thereon." 

Mr.  Osborn  of  Xew  Haven  raised  the  question  whether  the 
resolutions  just  passed  should  not  be  so  acted  on  that  it  would 
appear  of  record  that  the  resolutions  were  adopted  by  at  least 
eighty-five  votes  as  required  by  Rule  19. 


248  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

The  question  was  discussed  by  Messrs.  Brown  of  Xorwicb, 
Clark  of  Hartford,  and  Perrj  of  Fairfield. 

The  President  pro  tempore  stated  that  he  did  not  desire  to 
rule  on  the  question,  as  the  permanent  presiding  officer  of  the 
Convention  had  previously  decided  the  same  question. 

Mr.  Osborn  of  New  Haven  moved  that  the  Convention  re- 
consider its  action  in  passing  Convention  Resolution  No.  180 
(see  Convention  Journal,  March  25th),  resolution  concern- 
ing the  equality  of  all  persons  before  the  law. 

The  motion  prevailed. 

Mr.  Osborn  of  New  Haven  moved  that  the  resolution  be 
adopted  as  a  part  of  the  Constitution. 

Mr.  Skinner  of  Andover  moved  to  amend  by  Schedule  "A," 
to  add  at  the  end  thereof,  after  the  word  "  color,"  the  words 
"  or  sex." 

The  amendment  was  discussed  by  Messrs.  Skinner  of  An- 
dover and  Osborn  of  New  Haven. 

Mr.  Skinner  of  Andover  withdrew  his  amendment. 

The  motion  then  prevailed  by  a  rising  vote. 

The  vote  was  as  follows: 

Whole  number  voting,  .  •.  .  .  .114 

Necessary  for  passage,    .  .         .         .         .85 

Number  voting  Yes,  .  .  .114 

Number  voting  No,  ...         0 

The  resolution  was  passed. 

Mr.  Davenport  of  Bridgeport  moved  that  the  Convention 
reconsider  its  action  in  passing  Convention  Eesolution  No. 
67  (see  Convention  Journal,  March  25th),  a  resolution  con- 
cerning issue  of  bonds  by  municipalities. 

The  motion  prevailed. 

Mr.  Davenport  of  Bridgeport  moved  that  the  resolution  be 
adopted  as  a  part  of  the  Constitution. 

The  motion  prevailed  by  a  rising  vote. 

The  vote  was  as  follows : 


JOUKNAL    OF    THE    COICSTITUTIONAL    CONVENTION.  249 

Whole  number  voting,  .....   104 

Necessary  for  passage,  .  .  .  .  .85 

j^umber  voting  Yes,        .  .  .104 

ISTiimber  voting  jSTo,        ...        0 

[The  President  in  the  Chair.] 
CONVENTION   RESOLUTIONS. 

Convention  Resolution  'No.  190.  Mr.  Waller  of  New  Lon- 
don introduced  a  resolution  amending  the  Declaration  of 
Rights  by  striking  out  the  word  "  Christian  "  and  inserting  in 
lieu  thereof  the  word  "  religious." 

[Mr.  Pierce  of  Bristol  in  the  Chair.] 

The  resolution  was  discussed  by  Messrs.  Waller  of  ISTew 
London,  Loomis  of  Glastonbury,  Andrews  of  Litchfield,  and 
Davenport  of  Bridgeport. 

The  resolution  was  passed. 

The  following  is  the  resolution: 
Resolved  by  this  Convention : 

That  in  Section  4  of  the  Declaration  of  Rights  the  word 
"  Christian  "  should  be  stricken  out  and  the  word  "  religious  " 
inserted  in  lieu  thereof. 

[The  President  in  the  Chair.] 

Convention  Resolution  No.  191.  Mr.  Peny  of  Fairfield 
introduced  a  resolution  appointing  a  conuuittee  to  draft  and 
report  a  Preamble  and  Declaration  of  Rights  in  proper  form 
for  submission  to  the  people  as  a  portion  of  a  proposed  Con- 
stitution, in  accordance  with  votes  already  taken  in  commit- 
tee of  the  whole  and  in  Convention. 

Mr.  Warner  of  Salisbury  moved  to  amend  by  Schedule 

The  motion  was  discussed  by  Messrs.  Warner  of  Salisbury, 
Perry  of  Fairfield,  and  Waller  of  New  London. 

Mr.  Perry  of  Fairfield  moved  to  amend  the  first  section 
of  the  Bill  of  Rights  as  reported  by  the  committee  of  the 


250  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

whole  by  omitting  the  second  "  and  "  in  said  section,  and 
by  adding,  at  the  end  of  said  section,  part  of  Convention  Res- 
olution jSTo.  180,  as  follows:  "and  no  citizen  shall  be  de- 
prived of  any  right,  privilege,  or  immunity,  nor  exempted 
from  any  bnrden  or  duty,  on  account  of  race  or  color." 

The  President  ruled  that  the  amendment  was  out  of  order, 
because  Convention  Resolution  Xo.  180  had  previously  been 
adopted  by  the  Convention  and  could  not  properly  be  brought 
before  the  Convention  except  by  the  Convention  reconsider- 
ing its  vote  in  passing  the  resolution. 

The  amendment  Schedule  "  A  "  was  then  adopted. 

The  resolution  as  amended  was  then  adopted. 

The  vote  was  as  follows : 

Whole  number  voting,  .  .  .  .97 

Xecessary  for  passage,  .  .  .  .85 

Those  voting  Yea,  .  .  .96 

Those  voting  Nay,  ...         1 

The  resolution  as  amended  was  as  follows : 

Strike  out  all  after  the  enacting  clause,  and  insert  in  lieu 
thereof  the  following :  "  That  the  Preamble  and  Articles  One 
and  Tw^o  as  favorably  passed  upon  by  the  committee  of  the 
whole,  and  reported  to  the  Convention,  be  adopted  as  a  part  of 
the  proposed  Constitution." 

Convention  Resolution  Xo.  193.  Mr.  Sperry  of  South 
Windsor  introduced  a  resolution  providing  that  the  compensa- 
tion of  members  of  the  General  Assembly  shall  be  fixed  by  law 
but  not  exceed  five  hundred  dollars,  and  until  fixed  by  the 
General  Assembly  shall  be  three  hundred  dollars;  also  provid- 
ing that  the  General  Assembly  may  provide  for  transporta- 
tion of  members. 

On  motion  of  Mr.  Sperry  of  South  Windsor,  the  resolution 
was  tabled  for  printing. 

Convention  Resolution  Xo.  192.    Mr.  Warner  of  Salisbury 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


251 


introduced  a  resolution  adopting  Article  Four  of  the  present 
Constitution  as  part  of  the  proposed  Constitution. 

Mr.  Osborn  of  Xew  Haven  moved  to  amend  by  Schedule 
"  A." 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Conven- 
tion Kesolution  No.  73,  as  Schedule  "  B." 

The  motion  was  discussed  by  Messrs.  Davenport  of  Bridge- 
port, Waller  of  ISTew  London,  Warner  of  Salisbury,  Clark  of 
Haddam,  Brown  of  Norwich,  and  Osborn  of  New  Haven. 

The  motion  to  amend  by  Schedule  "  B  "  did  not  prevail. 

The  motion  to  amend  by  Schedule  "  A  "  did  not  prevail. 

Mr.  Northrop  of  Middletown  moved  to  amend  by  Schedule 

The  motion  to  amend  by  Schedule  "  C  "  prevailed. 
The  following  is  the  amendment : 

Schedule  "  C." 

In  Section  two,  line  fifteen,  strike  out  the  words  "  or  to  the 
sheriff,  and,  etc.,"  to  and  including  the  words  "  after  said  elec- 
tion," in  the  nineteenth  line. 

On  motion  of  Mr.  Brown  of  Norwich,  the  Convention,  at 
4.03  o'clock  P.  M.,  adjourned  to  meet  on  Wednesday  at  11 
o'clock  A.  M. 


252  JOURNAL    OF    THE    COXSTITUTIONAL    CONVENTION. 


Wednesday,  March  26,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  bv  the  Chaplain,  Eev.  Charles  H.  Smith 
of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  W.  M. 
Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S.  Bryant, 
Grant,  Eedfield,  Loomis,  Maltbie,  Miller,  Vance,  Churchill, 
Condell,  Havens,  Bartlett,  Holcomb,  Sperry,  W.  H.  Hall, 
D.  E.  Phelps,  Healy. 

IsTew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  R.  Woodward,  Fisk,  McMahon, 
Stevens,  Griswold,  Meigs,  Lines,  Wallace,  Ford,  S.  J.  Bryant, 
Davis,  Hotchkiss,  Wooster,  Eussell,  Upson,  Bishop. 

'N&w  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
King,  A.  M.  Brown,  Bailey,  Allyn,  Bromley,  Raymond, 
Ivilleen,  J.  F.  Brown,  Frink,  Morgan,  Hinckley,  E.  B.  Gal- 
lup, C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  E.  H. 
Xorthrop,  Bell,  Perry,  Shelton,  Mead,  Wanzer,  C.  H.  Xor- 
throp,  A.  B.  Woodward,  Sanford,  Seymour,  Barnes,  Merritt, 
Stagg,  O.  Hall,  Wakeman. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  L.  IsT.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  ]\Iilner,  Elliott,  Waldo, 
Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Beardsley, 
Whittlesey,  J.  F.  Smith,  O'Connor,  C.  H.  Smith,  Crofut,  D. 
T.  Warner,  Etheridge,  Strong,  Brinsmade,  Woolson,  Curtiss. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  253 

Middlesex  County.  —  Messrs.  D.  W.  Iv^ortlirop,  G.  M. 
Clark,  Markham,  Pelton,  Coe,  Purple,  Hubbard,  ]S!"ettleton, 
Terrill,  W.  H.  Smith,  Hale,  Post. 

Tolland  County.  —  Messrs.  jSTewcomb,  Sumner,  Collins, 
Charter,  Porter,  Storrs,  Keeney,  Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering*  to  their  names  were : 

Hartford  County,  —  Messrs.  Jarvis,  Pierce,  Middleton, 
Cheney,  Cooley,  Bissell,  Willard. 

New  Haven  County.  —  Messrs.  A.  D.  Warner,  A.  E. 
Smith,  "VVebb,  Merwin,  "Whittemore,  Marks,  Kendrick. 

New  London  County.  —  Messrs.  Miner,  Buell,  Chipman, 
I.  Gillette,  Huntington,  Riley. 

Pairfield  County.  —  Messrs.  Dempsey,  E.  H.  Northrop, 
Jennings,  R.  J.  Walsh,  Whitlock,  Gorham,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Evans,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Ely,  Camp,  Kirby, 
Fyler. 

Middlesex  County.  —  Messrs.  Brothwell,  Blake,  L'Hom- 
medieu. 

Tolland  County.  —  Messrs.  Skinner,  Collins,  Hawkins, 
Pinney,  Kinney. 

Whole  number  answering,     ....   125 
Those  absent  and  not  answering,    .  .  .43 

The  President  stated  that  the  motion  pending  before  the 
Convention  when  it  adjourned  was  the  resolution  (Conven- 
tion Resolution  No.  192)  offered  by  the  delegate  from  Salis- 
bury, adopting  Article  Four  of  the  present  Constitution  as  part 
of  the  proposed  Constitution,  and  that  resolution  was  now  be- 
fore the  Convention  for  action. 

Mr.  Warner  of  Salisbury  moved  to  amend  the  resolution 
by  Schedule  "  E." 

The  motion  to  amend  prevailed. 


254  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Mr.  Eedfield  of  Farmington  introduced  a  resolution,  Con- 
vention Resolution  iSTo.  194,  concerning  retrospective  legisla- 
tion, ex  post  facto  laws,  and  laws  impairing  the  obligation  of 
contracts,  and  moved  that  it  be  adopted  as  an  amendment  to 
the  Bill  of  Rights. 

Mr.  Warner  of  Salisbury  raised  the  point  of  order  that  as 
the  article  sought  to  be  amended  had  already  been  adopted 
by  the  Convention,  the  amendment  was  not  in  order  at  this 
time. 

The  President  ruled  that  the  point  of  order  was  well  taken. 

Mr.  Phelps  of  Vernon  moved  to  amend  by  Schedule  "  P." 

Mr.  Redfield  of  Farmington  moved  that  Convention  Reso- 
lution Xo',  194  be  tabled. 

The  motion  prevailed. 

Mr.  Waller  of  jSTew  London  moved  to  amend  by  Schedule 
"  G." 

The  motion  to  amend  by  Schedule  "  G  "  was  discussed  by 
Messrs.  Osborn  of  ISTew  Haven  and  Clark  of  Hartford. 

The  motion  to  amend  by  Schedule  "  G  "  prevailed. 

Mr.  Clark  of  Hartford  moved  to  amend  by  Schedule  "  H." 

The  motion  to  amend  was  discussed  by  Messrs.  Phelps  of 
Vernon,  Waller  of  ISTew  London,  and  Sperry  of  South 
Windsor. 

The  motion  to  amend  by  Schedule  "  H  "  prevailed. 

The  motion  to  amend  by  Schedule  "  F  "  was  then  discussed 
by  Messrs.  Phelps  of  Vernon,  Sperry  of  South  Windsor,  and 
Waller  of  !N^ew  London. 

The  motion  to  amend  by  Schedule  "  F  "  did  not  prevail. 

Mr.  Woodward  of  j^orwalk  moved  to  amend  by  Schedule 

a  T  5? 

The  motion  to  amend  was  discussed  by  Mr.  Woodward  of 
ISTorwalk. 

The  motion  to  amend  by  Schedule  "  I  "  did  not  prevail. 

Mr-  Etheridge  of  Thomaston  moved  to  amend  by  Sched- 
ule "  J." 


JOURNAL    OF    THE    COKSTITUTIONAL    CONVENTION.  255 

Tlie  motion  to  amend  by  Schedule  ''  J  "  prevailed. 

Mr.  Osborn  of  Noav  Haven  moved  to  amend  by  Scliednle 
"  K" 

The  motion  was  discussed  by  Messrs.  Osborn  of  ^ew  Ha- 
ven and  Clark  of  Hartford. 

The  motion  to  amend  by  Schedule  "  K  "  prevailed. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Schedule 
"  L,"  but  withdrew  the  amendment. 

Mr.  AValler  of  Xew  London  moved  to  amend  by  Schedule 
"  M,"  but  withdrew  the  amendment. 

Mr.   Warner  of  Salisbury  moved  to  amend  by  Schedule 

The  motion  was  discussed  by  Messrs.  Warner  of  Salisbury 
and  AValler  of  ISTew  London. 

The  motion  to  amend  by  Schedule  "  N  "  did  not  prevail. 

Mr.  Perry  of  Fairfield  moved  to  amend  by  Schedule  "  O." 

The  motion  was  discussed  by  Mr.  Perry  of  Fairfield. 

The  motion  to  amend  by  Schedule  "  O  "  prevailed. 

Mr.  Perry  of  Faii-field  moved  to  amend  by  Schedule  "  P." 

The  motion  was  discussed  by  Messrs.  Perry  of  Fairfield, 
Maltbie  of  Granby,  Warner  of  Salisbury,  and  Phelps  of 
Vernon. 

The  motion  to  amend  by  Schedule  "  P  "  prevailed. 

The  resolution  was  then  adopted  as  amended. 

The  vote  was  as  follows : 

Whole  number  voting,  .  .  .  .112 

Necessary  for  passage,  .  •  .  .  .85 

Those  voting  Yea,  .  .  ,112 

Those  voting  Nay,  ...         0 


The  following  is  the  amendment  to  Convention  Eesolu- 
tion  'No.  192 : 


256  JOUEXAL    OF    THE    COXSTITUTIOXAL    COXVEXTIOX. 

Scliediile  "  E." 

Strike  out  all  after  the  enacting  clanse.  Insert,  in  lieu 
thereof,  the  following,  viz. :  "  That  Article  Four  of  the  com- 
pilation of  the  present  Constitution  as  appears  in  File  ]!To.  23 
be  adopted  as  a  part  of  the  proposed  Constitution," 

T]ie  following  are  the  amendments  to  Article  Fourth : 

Schedule  "  G." 

In  Section  13,  line  16,  strike  out  the  word  "  three."  In- 
sert in  lieu  thereof  the  word  "  ten." 

Schedule  "  H." 
In  Section  13,  line  19,  strike  out  the  word  "  their." 

Schedule  "J." 

In  Section  2,  strike  out  the  word  "  transmitted  "  in  line 
14,  and  insert  in  lieu  thereof  the  words  "  mailed  or  delivered 
under  seal." 

After  the  word  "  Secretary,"  in  line  15,  add  the  words 
"  "with  a  superscription  expressing  the  purport  of  the  contents 
thereof." 

Schedule  "  K." 

Amend  Section  6  to  read  as  follows :  "  Sec.  6.  The  Gov- 
ernor shall  be  commander-in-chief  of  the  military  and  naval 
forces  of  the  State,  except  when  such  forces  are  called  into  the 
service  of  the  United  States." 

Schedule  "  O." 

Add  at  the  end  of  Section  13  the  following :  "  And  in  any 
bill  for  the  appropriation  of  money  containing  several  items, 
the  Governor  may  approve  or  disapprove  any  of  such  items, 
in  which  case  the  bill  shall  become  a  law  as  to  the  items  ap- 
proved by  him,  and  those  disapproved  by  him  shall  be  re- 


JOUKNAL    OF    THE    COXSTITUTIONAL    CONVENTION.  267 

turned  to  the  General  Assembly  with  his  objections,  and  the 
same  shall  not  become  a  part  of  the  law  unless  passed  by  both 
houses  in  the  manner  aforesaid,  but  no  items  except  such  as 
are  returned  by  the  Governor  within  the  time  aforesaid  may 
be  disapproved  by  him." 

Schedule  "  P." 

In  Section  1,  line  5,  after  the  word  "  years,"  insert  the  fol- 
lowing, viz. :  "  and  the  Attorney-General  for  four  years." 
The  follo^f■ing  is  the  article  adopted,  as  amended : 

Article  Fourth. 
OF  THE  EXECUTIVE  DEPAETMEIs^T. 

Section  1.  The  Governor,  Lieutenant-Governor,  Secre- 
tary, Treasurer,  and  Comptroller  shall  hold  their  respective 
offices  for  tw^o  years,  and  the  Attorney-General  for  four  years, 
from  the  Wednesday  following  the  first  Monday  of  the  Jan- 
uary next  succeeding  their  election,  and  until  their  successors 
are  duly  qualified. 

Sec.  2.  At  the  meetings  of  the  electors  in  the  respective 
towns  held  biennially  as  herein  provided  for  the  election  of 
State  oflicers,  members  of  the  General  Assembly,  and  for  such 
other  officers  as  are  and  may  be  hereafter  prescribed,  the  pre- 
siding officers  shall  receive  the  ballots  and  shall  count  and 
declare  the  same  in  the  presence  of  the  electors.  When  such 
ballots  shall  have  been  so  received  and  counted,  duplicate  lists 
of  the  persons  voted  for,  and  of  the  number  of  votes  given  for 
each,  shall  be  made  and  certified  by  the  presiding  officer,  one 
of  which  lists  shall  be  deposited  in  the  office  of  the  town  clerk 
within  three  days,  and  the  other  within  ten  days  after  said 
election  shall  be  mailed  or  delivered  under  seal  to  the  Secre- 
tary, with  a  superscription  expressing  the  purport  of  the  con- 
tents thereof,  within  fifteen  days  next  after  said  election.  The 
votes  so  returned  shall  be  counted,  canvassed,  and  declared  by 
c.  c. — 17 


258  JOUEXAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

the  Treasurer,  Secretary,  and  Comptroller,  within  the  month 
of  November.  The  vote  for  Treasurer  shall  be  counted,  can- 
vassed, and  declared  by  the  Secretary  and  Comptroller  only; 
the  vote  for  Secretary  shall  be  counted,  canvassed,  and  de- 
clared by  the  Treasurer  and  Comptroller  only;  and  the  vote 
for  Comptroller  shall  be  counted,  canvassed,  and  declared  by 
the  Treasurer  and  Secretary  only.  A  fair  list  of  the  persons 
and  number  of  votes  given  for  each,  together  with  the  returns 
of  the  presiding  officers,  shall  be  by  the  Treasurer,  Secretary, 
and  Comptroller  made  and  laid  before  the  General  Assembly, 
then  next  to  be  holden,  on  the  first  day  of  the  session  thereof. 
In  the  election  for  Governor,  Lieutenant-Governor,  Secretary, 
Treasurer,  Comptroller,  and  Attorney-General,  the  person 
found  by  the  General  Assembly,  in  the  manner  herein  pro- 
vided, to  have  received  the  greatest  number  of  votes  for  each 
of  said  offices  respectively,  shall  be  declared  by  said  assembly 
to  be  elected.  But  if  two  or  more  persons  shall  be  found  to 
have  an  equal  and  the  greatest  number  of  votes  for  any  of 
said  offices,  then  the  General  Assembly,  on  the  second  day  of 
its  session,  by  joint  ballot  of  both  Houses,  shall  proceed  with- 
out debate  to  choose  said  officer  from  a  list  of  the  names  of 
the  persons  found  to  have  an  equal  and  greatest  number  of 
votes  for  said  office.  The  General  Assembly  shall  by  law 
prescribe  the  manner  in  which  all  questions  concerning  the 
election  of  the  above  named  officers  shall  be  determined. 

Sec.  3.  The  supreme  executive  power  of  the  State  shall  be 
vested  in  the  Governor.  Ko  person,  who  is  not  an  elector  of 
this  State,  and  who  has  not  arrived  at  the  age  of  thirty  years, 
shall  be  eligible. 

Sec.  4.  The  Lieutenant-Governor  shall  possess  the  same 
qualifications  as  are  herein  prescribed  for  the  Governor. 

Sec.  5.  The  compensations  of  the  Governor  and  Lieuten- 
ant-Governor shall  be  established  by  law,  and  shall  not  be 
varied  so  as  to  take  effect  until  after  an  election,  which  shall 
next  succeed  the  passage  of  the  law  establishing  said  compen- 
sations. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION,  259 

Sec.  6.  The  Governor  shall  be  commander-in-chief  of  the 
military  and  naval  forces  of  the  State,  except  when  such  forces 
are  called  into  the  service  of  the  United  States. 

Sec.  7.  He  may  require  information  in  waiting  from  the 
officers  in  the  executive  department,  on  any  subject  relating 
to  the  duties  of  their  respective  offices. 

Sec.  8.  The  Governor,  in  case  of  a  disagreement  between 
the  two  Houses  of  the  General  Assembly,  respecting  the  time 
of  adjournment,  may  adjourn  them  to  such  time  as  he  shall 
think  proper,  not  beyond  the  day  of  the  next  stated  session. 

Sec.  9.  He  shall,  from  time  to  time,  give  to  the  General 
Assembly,  infoxmation  of  the  state  of  the  government,  and 
recommend  to  their  consideration  such  measures  as  he  shall 
deem  expedient. 

Sec.  10.  He  shall  take  care  that  the  law^s  be  faithfully 
executed. 

Sec.  11.  The  Governor  shall  have  power  to  grant  re- 
prieves after  conviction,  in  all  cases  except  those  of  impeach- 
ment, until  the  end  of  the  next  session  of  the  General  Assem- 
bly, and  no  longer. 

Sec.  12.  All  commissions  shall  be  in  the  name  and  by 
authority  of  the  State  of  Connecticut;  shall  be  sealed  with  the 
State  seal,  signed  by  the  Governor,  and  attested  by  the  Sec- 
retary. 

Sec.  13.  Every  bill  which  shall  have  passed  both  Houses 
of  the  General  Assembly  shall  be  presented  to  the  Governor. 
If  he  approves,  he  shall  sign  and  transmit  it  to  the  Secretary, 
but  if  not,  he  sliall  return  it  to  the  house  in  which  it  origi- 
nated, with  his  objections,  which  shall  be  entered  on  the  jour- 
nals of  the  House;  who  shall  proceed  to  reconsider  the  bill. 
If  after  such  reconsideration,  that  House  shall  again  pass  it,  it 
shall  be  sent,  with  the  objections,  to  the  other  House,  which 
shall  also  reconsider  it.  If  approved,  it  shall  become  a  law. 
But  in  such  cases  the  votes  of  both  Houses  shall  be  determined 
bv  veas  and  navs;  and  the  names  of  the  members  voting  for 


260  JOURNAL    OF    THE    COXSTITUTIOXAL    CONVENTION. 

and  against  the  bill  shall  be  entered  on  the  jonrnals  of  each 
House  respectively.  If  the  bill  shall  not  be  returned  by 
the  Governor  within  ten  days,  Sundays  excepted,  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law,  in  like 
manner  as  if  he  had  signed  it;  unless  the  General  Assembly, 
by  their  adjournment,  prevents  its  return,  in  which  case  it 
shall  not  be  a  law.  And  in  any  bill  for  the  appropriation  of 
money  containing  several  items,  the  Governor  may  approve 
or  disapprove  any  of  such  items,  in  which  case  the  bill  shall 
become  a  law  as  to  the  items  approved  by  him,  and  those  dis- 
approved by  him  shall  be  returned  to  the  General  Assembly 
with  his  objections,  and  the  same  shall  not  become  a  part  of 
the  law  unless  passed  by  both  Plouses  in  the  manner  aforesaid, 
but  no  items  except  such  as  are  returned  by  the  Governor 
within  the  time  aforesaid  may  be  disapproved  by  him. 

Sec.  14.  The  Lieutenant-Governor  shall,  by  virtue  of  his 
ofl&ce,  be  President  of  the  Senate,  and  have,  when  in  commit- 
tee of  the  whole,  a  right  to  debate,  and  when  the  Senate  is 
equally  divided,  to  give  the  casting  vote. 

Sec.  15.  In  case  of  the  death,  resignation,  refusal  to  serve, 
or  removal  from  office  of  the  Governor,  or  of  his  impeach- 
ment, or  absence  from  the  State,  the  Lieutenant-Governor 
shall  exercise  the  powers  and  authority  appertaining  to  the 
office  of  Governor,  until  another  be  chosen  at  the  next  period- 
ical election  for  Governor,  and  be  duly  qualified;  or  until  the 
Governor  impeached  or  absent  shall  be  acquitted  or  return. 

Sec.  16.  When  the  government  shall  be  administered  by 
the  Lieutenant-Governor,  or  he  shall  be  unable  to  attend  as 
President  of  the  Senate,  the  Senate  shall  elect  one  of  their 
members  as  President  pro  tempore.  And  if  during  the  va- 
cancy of  the  office  of  Governor,  the  Lieutenant-Governor  shall 
die,  resign,  refuse  to  serve,  or  be  removed  from  office,  or  if  he 
shall  be  impeached,  or  absent  from  the  State,  the  President  of 
the  Senate  pro  tempore  shall,  in  like  manner,  administer  the 
government,  until  he  be  superseded  by  a  Governor  or  Lieu- 
tenant-Governor. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  261 

Sec.  17.  If  the  Lieutenant-Governor  shall  he  required  to 
administer  the  government,  and  shall,  while  in  such  adminis- 
tration, die  or  resign  during  the  recess  of  the  General  Assem- 
bly, it  shall  be  the  duty  of  the  Secretary,  for  the  time  being, 
to  convene  the  Senate  for  the  purpose  of  choosing  a  President 
pro  tempore. 

Sec.  18.  The  Treasurer  shall  receive  all  moneys  belonging 
to  the  State,  and  disburse  the  same  only  as  he  may  be  directed 
by  law.  He  shall  pay  no  warrant  or  order  for  the  disburse- 
ment of  public  money,  until  the  same  has  been  registered  in 
the  office  of  the  Comptroller. 

Sec.  19.  The  Secretary  shall  have  the  safe  keeping  and 
custody  of  the  public  records  and  documents,  and  particularly 
of  the  Acts,  Resolutions,  and  Orders  of  the  General  Assembly, 
and  record  the  same;  and  perform  all  such  duties  as  shall  be 
prescribed  by  law.  He  shall  be  the  keeper  of  the  seal  of  the 
State,  which  shall  not  be  altered. 

Sec.  20.  The  Comptroller  shall  adjust  and  settle  all  public 
accounts  and  demands,  except  grants  and  orders  of  the  Gen- 
eral Assembly.  He  shall  prescribe  the  mode  of  keeping  and 
rendering  all  public  accounts.  He  shall  ex  officio  be  one  of 
the  auditors  of  the  accounts  of  the  Treasurer.  The  General 
Assembly  may  assign  to  him  other  duties  in  relation  to  his 
office,  and  to  that  of  the  Treasurer,  and  shall  prescribe  the 
manner  in  which  his  duties  shall  be  performed. 

Sec.  21.  Sheriffs  shall  be  elected  in  the  several  counties 
quadrennially  on  the  Tuesday  after  the  first  Monday  of  No- 
vember, as  now  provided  by  law,  and  shall  hold  office  for  the 
term  of  four  years  from  the  first  day  of  June  following  their 
election.  They  shall  become  bound,  with  sufficient  sureties, 
to  the  Treasurer  of  the  State,  for  the  faithful  discharge  of  the 
duties  of  their  office,  in  such  manner  as  shall  be  prescribed  by 
law.  They  shall  be  removable  by  the  General  Assembly. 
In  case  the  sheriff  of  any  county  shall  die,  resign,  or  shall  be 
removed  from  office  by  the  General  Assembly,  the  Governor 


262  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

may  fill  the  vacancy  occasioned  thereby,  until  the  same  shall 
be  filled  by  the  next  quadrennial  election. 

Sec.  22.  A  statement  of  all  receipts,  payments,  funds,  and 
debts  of  the  State,  shall  be  published  from  time  to  time,  in 
such  manner  and  at  such  periods  as  shall  be  prescribed  by  law. 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  ]^o.  195.  Mr.  Loomis  of  Glaston- 
bury introduced  a  resolution  providing  that  the  compensation 
of  the  members  of  the  General  Assembly  shall  be  fixed  by  law, 
but  such  compensation  shall  not  exceed  five  hundred  dollars, 
but  until  such  change  of  salary  is  made  the  compensation 
of  members  of  the  General  Assembly  shall  remain  at  three 
hundred  dollars. 

On  motion  of  Mr.  Loomis  of  Glastonbury,  the  resolution 
was  tabled. 

Mr.  Warner  of  Salisbury  introduced  a  resolution  (Conven- 
tion Resolution  ISTo.  196),  a  resolution  adopting  Article  Five  of 
the  present  Constitution  as  printed  in  File  Xo.  23  as  part  of 
the  proposed  Constitution. 

Mr.  Charter  of  Ellington,  at  12.45  o'clock  P.  M.,  moved 
that  the  Convention  take  a  recess  until  2  o'clock  P.  M. 

The  motion  prevailed. 


Wednesday  afternoon,  March  26,  1902. 

The  Convention  was  called  to  order  at  2  o'clock  P.  M.,  the 
President  in  the  Chair. 

The  President  stated  that  the  resolution  pending  before  the 
Convention  was  the  one  offered  by  the  delegate  from  Salis- 
bury, providing  for  the  adoption  of  Article  Five  of  the  present 
Constitution  as  printed  in  File  jSTo.  23. 

Mr.  Merritt  of  Stamford  moved  to  amend  Section  3  bv 


JOITKNAL    OF    THE    COXSTITUTIONAL    COXVEIS'TIOIS'. 


263 


Convention  Resolution  Xo.  40,  providing  that  judges  of  the 
Supreme  Court  of  Errors  and  the  Superior  Court  shall  be 
aj)pointed  during  good  behavior. 

The  motion  to  amend  was  discussed  by  Messrs.  Merritt  of 
Stamford,  Etheridge  of  Thomaston,  Clark  of  Haddam,  War- 
ner of  Salisbury,  Waller  of  New  London,  and  Woodward  of 

Mr.  Waller  of  ]Srew  London  introduced  a  resolution  (Con- 
vention Resolution  Ko.  197)  a  resolution  raising  a  committee 
of  five  to  consider  and  report  on  Article  Eive  of  the  Consti- 
tution, and  further  providing  that  all  resolutions  and  amend- 
ments affecting  said  article  be  referred  to  said  committee. 

The  resolution  was  discussed  by  Messrs.  Waller  of  New 
London,  Fisk  of  Branford,  Hall  of  Willington,  Warner  of 
Salisbury,  Clark  of  Haddam,  Perry  of  Fairfield,  and  Healy 
of  Windsor  Locks. 

Mr.  Clark  of  Haddam  moved  to  amend  the  resolution  by 
providing  that  the  committee  should  consist  of  five  laymen. 

The  motion  did  not  prevail. 

The  resolution  was  then  passed. 

The  following  is  the  resolution : 
Resolved  by  this  Convention  : 

That  a  committee  of  five  be  appointed  to  report  to  this  Con- 
vention for  its  consideration  an  article  or  section  of  the  pro- 
posed Constitution,  providing  that  judges  of  the  Supreme  and 
Superior  Court  shall  be  elected  and  continue  in  office  during 
good  behavior,  shall  be  retired  at  the  age  of  seventy,  and  shall 
serve  thereafter  as  referees  in  cases  sent  to  them  by  the  court 
with  the  consent  of  all  parties  to  the  suit,  and  the  salaries  of 
said  judges  and  referees  shall  be  at  least  six  thousand  dollars 
per  year  and  expenses  fixed  by  the  General  Assembly.  The 
provisions  hereof  shall  apply  to  the  present  judges  of  said 
courts  and  judges  acting  now  as  referees. 

Article  Fifth  of  the  Constitution  and  all  pending  resolu- 
tions relating  to  the  Judicial  Department  are  hereby  referred 
to  said  committee. 


2G4 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


OKDER  OF  THE  DAY. 


Mr,  Hall  of  Willington  moved  that  the  report  of  the  com- 
mittee raised  under  Convention  Resolution  No.  197,  to  con- 
sider Article  Five  of  the  Constitution,  be  made  the  Order  of 
the  Day  for  Tuesday,  April  1st,  at  1  o'clock  P.  M. 

The  motion  prevailed. 

APPOINTMENT   OF    A    COMMITTEE. 

The  president  announced  the  appointment  of  the  following 
committee  as  raised  by  Convention  Resolution  'Ro.  197  to 
consider  Article  Five  of  the  Constitution  : 

Messrs.   Men-itt  of  Stamford. 

Waller  of  New  London. 
Holcomb  of  Southington. 
Phelps  of  Vernon. 
Webb  of  Hamden. 

Mr.  Loomis  of  Glastonbury  introduced  the  following 
amendment  to  Article  Five :  In  Section  5,  line  2,  strike  out 
the  word  "  districts,"  and  insert  in  lieu  thereof  the  following, 
viz. :  "  towns,"  and  moved  that  it  be  referred  to  the  com- 
mittee just  appointed  to  consider  Article  Five. 

The  motion  was  discussed  by  Messrs.  Loomis  of  Glaston- 
bury, Collins  of  Columbia,  Hotchkiss  of  Prospect,  and  Brown 
of  Norwich. 

The  motion  prevailed. 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  No.  198.  Mr.  Griswold  of  Guilford 
introduced  a  resolution  providing  that  no  probate  district  in 
the  State  shall  be  changed  unless  by  a  majority  vote  of  the 
electors  residing  in  said  district. 

Mr.  Griswold  of  Guilford  moved  that  the  resolution  be  re- 
ferred to  the  committee  appointed  to  consider  Article  Five  of 
the  Constitution. 

The  motion  prevailed. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


265 


Mr.  Waller  of  New  London  moved  that  Convention  Reso- 
lution No.  44,  relating  to  the  granting  of  special  charters  by 
the  General  Assembly,  be  taken  from  the  table  and  made  the 
Order  of  the  Day  for  Wednesday,  April  2d,  at  11  o'clock 
A.  M. 

The  motion  prevailed. 

Convention  Eesolntion  No.  199.  Mr,  Warner  of  Salisbury 
introduced  a  resolution  adopting  Article  Seventh  of  the  pres- 
ent Constitution  as  printed  in  File  No.  23. 

Mr.  Perry  of  Fairfield  moved  to  amend  by  Schedule  "  A." 

Mr.  Davenport  of  Bridgeport  moved  to  amend  the  resolu- 
tion by  adopting  Convention  Resolution  No.  TO  as  Schedule 
"  B."  "^ 

The  motion  to  amend  was  discussed  by  Messrs.  Davenport 
of  Bridgeport,  Smith  of  Plymouth,  Clark  of  Haddam,  Loomis 
of  Glastonbury,  Northrop  of  Middletown,  and  Clark  of  Hart- 
ford. 

The  motion  to  amend  by  Schedule  "  B  "  did  not  prevail. 

Mr.  Smith  of  Plymouth  moved  to  amend  Schedule  "  A  " 
by  Schedule  "  C." 

The  motion  to  amend  was  discussed  by  Messrs.  Smith  of 
Plymouth  and  Waller  of  New  London, 

The  motion  to  amend  by  Schedule  "  C  "  prevailed, 

Mr.  Waller  of  New  London  moved  that  the  Convention 
adjourn. 

The  motion  did  not  prevail. 

The  President  stated  that  the  motion  before  the  Convention 
was  on  the  passage  of  the  amendment  Schedule  "  A "  as 
amended  by  Schedule  "  C." 

The  vote  on  the  amendment  disclosing  that  a  quorum  was 
not  present,  seventy-four  members  being  present  and  voting, 
the  President  thereupon,  at  3.45  o'clock  P.  M.,  declared  the 
Convention  adjourned  to  meet  on  Thursday  at  11  o'clock 
A,  M, 


266  JOUKNAL    OF    THE    COXSTITUTIONAL    CONVENTION. 


Thursday,  March  27,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M.,  tlie 
President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  William  Martin 
Brown  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  W.  M. 
Brown,  E.  S.  Gillette,  Dickinson,  P.  S.  Bryant,  Middleton, 
Grant,  Eedfield,  Loomis,  Maltbie,  Miller,  Cooley,  Vance, 
Churchill,  Condell,  Havens,  Bartlett,  Holcomb,  Sperry,  W. 
H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

!New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  R.  Woodward,  McMahon,  Stevens, 
Griswold,  Webb,  Meigs,  Lines,  Wallace,  Merwin,  Ford, 
Marks,  S.  J.  Bryant,  Davis,  Hotchkiss,  Wooster,  Russell, 
Upson,  Bishop. 

New  London  County. — Messrs.  Waller,  F.  T.  Brown, 
Miner,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gillette, 
Bromley,  Raymond,  Killeen,  J.  F.  Brown,  Huntington, 
Frink,  Riley,  Hinckley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County. — Messrs.  Davenport,  Woodman,  Bell, 
Perry,  Shelton,  Mead,  Wanzer,  C.  H.  Northrop,  A.  B.  Wood- 
ward, Sanford,   Seymour,  Barnes,  Merritt,  Stagg,   0.   Hall,_ 
Wakeman. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Fitts,  L.  N. 
Clark,  Groesbeck,  Latham,  Somes,  Milner,  Elliott,  Waldo, 
Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Wright,  Beardsley,  Whittlesey, 


JOURNAI,    OF    THE    CONSTITUTIONAL    GONVENTION. 


267 


O'Connor,  C.  H.  Smith,  Crofut,  D.  T.  '^Yarner,  Etheridge, 
Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Pelton,  Coe,  Hubbard,  Purple,  :N"ettleton,  Terrill,  W. 
H.  Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  ISTewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Pinney,  Phelps, 
W.  H.  Hall. 

Those  absent  and  not  answering  were : 

Hartford  County.  —  Messrs.  Jarvis,  Pierce,  Sears,  Cheney, 
Bissell. 

New  Haven  County.  —  Messrs.  Fisk,  A.  E,  Smith,  Whitte- 
more,  Ivendrick. 

New  London  County.  —  Messrs.  Buell,  Allyn,  Morgan. 

Fairfield  County.  —  Messrs.  Dempsey,  E.  H.  Northrop, 
Jennings,  R.  J.  Walsh,  Whitlock,  Gorham,  Chichester. 

Windham  County.  —  Messrs.  Evans,  Burnham,  Plunt. 

Litchfield  County.  —  Messrs.  Hayes,  Kellogg,  Ely,  J.  F. 
Smith,  Camp,  Kirby,  Fyler. 

Middlesex  County.  —  Messrs.  Markham,  Brothwell,  Blake. 

Tolland  County.  —  Messrs.  Keeney,  Kinney. 

Whole  number  answering,     .  .  .  .134 

Those  absent  and  not  answering,  .  .  .34: 

The  President  stated  that  the  motion  before  the  Convention 
when  it  adjourned  on  Wednesday  was  the  amendment.  Sched- 
ule "  A,"  to  Article  Seventh  of  the  proposed  Constitution,  as 
amended  by  Schedule  "  C  "  (see  Convention  Journal,  March 
26th),  and  that  the  amendment  as  amended  was  now  before 
the  Convention. 

The  amendment  was  discussed  by  Mr.  Brown  of  North 
Stonington. 


268  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

The  amendment,  Schedule  "  A,"  as  amended  by  Schedule 
"  C,"  did  not  prevail. 

Mr.  Perry  of  Fairfield  moved  to  amend  by  Schedule  "  D." 

The  amendment  was  discussed  by  Mr.  Griswold  of  Guilford. 

Mr.  Etheridge  of  Thomaston  moved  to  amend  by  Schedule 
"  E,"  to  insert,  in  Section  1,  line  15,  and  in  Section  2,  line 
3,  after  the  word  "  Christians,"  the  words  "  or  of  other  re- 
ligious faith." 

The  amendment  was  discussed  by  Messrs.  Perry  of  Fairfield, 
Smith  of  Plymouth,  Hale  of  Portland^  Davenport  of  Bridge- 
port, Hall  of  West  Hartford,  and  Brown  of  North  Stonington. 

On  motion  of  Mr.  Etheridge  of  Thomaston  the  previous 
question  was  ordered. 

Mr.  Charter  of  Ellington  moved  that  the  vote  be  taken  bv 
Yeas  and  Nays. 

The  motion  prevailed. 

The  amendment,  Schedule  "  E,"  did  not  prevail. 

The  vote  was  as  follows : 

Those  voting  Yea  were  : 

Hartford  County.  —  Messrs.  Holmes,  W.  M.  Brown,  E.  S. 
Gillette,  Dickinson,  Middleton,  Loomis,  Maltbie,  Miller, 
Cheney,  Cooley,  D.  E.  Phelps. 

New  Haven  County.  —  Messrs.  McMahon,  Griswold, 
Meigs,  Wallace,  Merwin,  Ford,  Hotchkiss,  Kiissell. 

New  London  County.  —  Messrs.  Miner,  Chipman,  King, 
A.  M.  Browp,  Bailey,  I.  Gillette,  Bromley,  Frink,  Hinckley, 
E.  B.  Gallup,  C.  A.*^  Gallup. 

Fairfield  County,  —  Messrs.  Woodman,  Bell,  Mead,  Wan- 
zer,  Barnes. 

Windham  County.  —  Messrs.  Fitts,  Groesbeck,  Elliott, 
Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Belden,  J.  H.  Smith,  Wright,  Beardsley,  J.  F.  Smith,  O'Con- 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


269 


nor,  C.  H.  Smith,  Crofiit,  Etheridge,  Strong,  Brinsmade, 
Woolson,  Curtiss. 

Middlesex  Coiintv.  —  Messrs.  Pelton,  Hubbard,  Purple. 
ITettleton,  Terrill,  W.  H.  Smith,  Hale,  Post. 

Tolland  County.  —  Messrs.  Newcomb,  Charter,  Porter, 
Storrs.  ^ 

Those  voting  'Nay  were : 

Hartford  County. — Messrs.  C.  H.  Clark,  P.  S.  Bryant, 
Grant,  Pedfield,  Vance,  Churchill,  Condell,  Havens,  Bartlett, 
Holcomb,  Sperry,  W.  H.  Hall,  Healy. 

ISTew  Haven  County.  —  Messrs.  Osborn,  Guilf oile,  A.  D. 
Warner,  S.  R.  Woodward,  Stevens,  Webb,  Lines,  Marks,  S. 
J.  Bryant,  Davis,  Wooster,  Upson,  Bishop. 

ISTew  London  County.  —  Messrs.  Waller,  P.  T.  Brown, 
Buell,  Raymond,  Killeen,  J.  F.  Brown, 

Fairfield  County.  —  Messrs.  Davenport,  Perry,  Shelton,  C. 
LI.  ISTorthrop,  A.  B.  Woodward,  Sanford,  Seymour,  Stagg, 
Wakeman. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  L.  IST.  Clark, 
Latham,  Somes,  Milner,  Waldo,  Chandler. 

Litchfield  County. — Messrs.  Mallett,  Whittlesey,  D.  T. 
Warner. 

Middlesex  County.  —  Messrs.  D.  W.  ISTorthrop,  G.  M. 
Clark,  Coe,  L'Hommedieu. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Collins, 
Pinney. 

Those  absent  and  not  voting  were: 

Hartford  County.  —  Messrs.  Jarvis,  Pierce,  Sears,  Cheney, 
Bissell,  Willard. 

New  Haven  County.  —  Messrs.  D.  T.  Walsh,  Fisk,  A.  E. 
Smith,  Whittemore,  Kendrick. 


270 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Xew  London  County,  —  Messrs.  Allyn,  Hnntington,  Mor- 
gan, Riley. 

Fairfield  County.  —  Messrs.  Dempsey,  E.  H.  ISTorthrop, 
Jennings,  E.  J.  Walsh,  Whitlock,  Merritt,  O.  Hall,  Gorham, 
Chichester. 

Windham  County.  —  Messrs.  Fitts,  Evans,  Burnham, 
Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Kellogg,  Ely,  Camp, 
Kirby,  Fyler. 

Middlesex  County.  —  Messrs.  Markham,  Brothwell,  Blake. 

Tolland  County.  —  Messrs.  Hawkins,  Keeney,  Kinney, 
Phelps,  W.  H.  Hall. 

Whole  number  voting,  .  .  .  .          .   13G 

Accessary  for  passage,  .  .  .  .          .      G9 

Those  voting  Yea,  .  .  .  .66 

Those  voting  oSTay,  .  .  .  ,70 

The  amendment,  Schedule  "  D,"  prevailed. 
The  resolution,  Convention  Resolution  No.  199,  adopting 
Article  Seventh,  as  amended,  was  then  passed  by  a  rising  vote. 

The  vote  was  as  follows : 

Whole  number  voting,  ,  .  .  .  ,99 

Necessary  for  passage,  .  .  .  .  .85 

iSTumber  voting  Yes,  .         .         .99 

Xumber  voting  No,  ...         0 

The  following  is  the  amendment : 

Schedule  "  D." 

In  Section  1,  line  15,  and  Section  2,  line  2,  strike  out  the 
words  "■  of  Christians." 

Li  Section  1,  line  14,  and  Section  2,  line  2,  before  the  word 
"  society,"  insert  the  word  "  religious," 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  271 

The  following  is  the  amended  article  as  adopted : 
Article  Seventh. 

OF  EELIGION. 

Section  1.  It  being  the  duty  of  all  men  to  worship  the 
Supreme  Being,  the  Great  Creator  and  Preserver  of  the  Uni- 
verse, and  their  right  to  render  that  worship  in  the  mode 
most  consistent  with  the  dictates  of  their  consciences,  no  per- 
son shall  by  law  be  compelled  to  join  or  support,  nor  be  classed 
with,  or  associated  to,  any  congregation,  church,  or  religious 
association.  But  every  person  now  belonging  to  such  congre- 
gation, church,  or  religious  association  shall  remain  a  member 
thereof  until  he  shall  have  separated  himself  therefrom,  in 
the  manner  hereinafter  provided.  And  each  and  every  re- 
ligious society  or  denomination  in  this  State  shall  have  and 
enjoy  the  same  and  equal  powers,  rights,  and  privileges;  and 
shall  have  power  and  authority  to  support  and  maintain  the 
ministers  or  teachers  of  their  respective  denominations,  and  to 
build  and  repair  houses  for  public  worship,  by  a  tax  on  the 
members  of  any  such  society  only,  to  be  laid  by  a  major  vote 
of  the  legal  voters  assembled  at  any  society  meeting,  warned 
and  held  according  to  law,  or  in  any  other  manner. 

Sec.  2.  If  any  person  shall  choose  to  separate  himself  from 
the  religious  society  or  denomination  to  which  he  may  belong, 
and  shall  leave  a  written  notice  thereof  with  the  clerk  of  such 
society,  he  shall  thereupon  be  no  longer  liable  for  any  future 
expenses  which  may  be  incurred  by  said  society. 

ORDER  OE  THE  DAY,  11  O'CLOCK  A.  M. 

Convention  'Resolution  No.  188.  (See  Convention  Jour- 
nal, March  25th.)  A  resolution  providing  for  final  adjourn- 
ment, and  raising  an  engrossing  committee,  was  taken  from 
the  table. 

On  motion  of  Mr.  Osborn  of  New  Haven,  the  resolution 
was  tabled. 


272  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

REPORT   OF    A    COMMITTEE. 

Mr.  Warner  of  Salisbury,  Chairman  of  the  committee  on 
Woman  Suffrage,  presented  the  following  report  from  the 
committee  on  Woman  Suffrage,  recommending  the  adoption 
of  an  accompanying  resolution.  Convention  Resolution  ISTo. 
200: 

Report  of  the  Committee  on  Woman  Suffrage. 

The  committee  on  Woman  Suffrage,  to  which  was  referred 
the  memorials  of  the  Woman's  Suffrage  Association  and 
Women's  Christian  Temperance  Union,  beg  leave  to  report : 

That  they  have  fully  considered  the  matters  submitted  to 
them  and  do  recommend  that  the  privileges  of  the  Conven- 
tion shall,  before  the  committee  of  the  whole,  be  extended  to 
the  memorialists  and  other  advocates  of  woman  suffrage  for 
the  presentation  of  their  views  and  wishes  on  said  subject, 
and  to  that  end  recommend  the  passage  of  the' accompanying 
resolution  under  a  suspension  of  rules. 

Signed,  DONALD  T.  WARNER, 

Chairman  of  the  Committee. 

Convention  Resolution  No.  200.  A  resolution  referring 
all  matters  pertaining  to  woman  suffrage  to  the  committee  of 
the  whole,  and  providing  that  the  afternoon  of  Wediiesday, 
April  2d,  at  2  o'clock,  be  devoted  to  hearing  the  memorialists 
and  other  advocates  of  woman  suffrage,  before  the  committee 
of  the  whole. 

Mr.  Warner  of  Salisbury  moved  that  the  resolution  be 
l^assed,  and  the  report  of  the  committee  accepted. 

Mr.  Clark  of  Hartford  moved  to  amend  by  Schedule  "  A," 
providing  that  the  Convention  adjourn  at  2  o'clock  on 
Wednesday,  and  the  use  of  the  Convention  Hall  be  granted 
for  a  hearing  on  woman  suffrage  at  that  time. 

The  amendment  was  discussed  by  Mr.  Warner  of  Salisbury. 


JOUKXAL    OF    THE    CONSTITUTIONAL    CONVENTION.  273 

Mr.  Bryant  of  East  Hartford  moved  to  amend  the  amend- 
ment by  Schedule  "  B,"  striking  ont  the  word  "  Wednesday," 
and  inserting  in  lieu  thereof  the  word  "  Thursday." 

The  amendment  was  discussed  by  Messrs.  Warner  of  Salis- 
bury, Bryant  of  East  Hartford,  Waller  of  jS^^ew  London,  and 
Clark  of  Hartford. 

The  amendment,  Schedule  "  B,"  did  not  prevail. 

The  amendment,  Schedule  "  A,"  was  further  discussed  by 
Messrs.  Clark  of  Hartford,  Waller  of  New  London,  Warner 
of  Salisbury,  Skinner  of  Andover,  ISTorthrop  of  Middletown, 
and  Gillette  of  Burlington. 

Mr.  Guilfoile  of  Waterbury  moved  to  amend  the  resolution 
by  adding  "  that  the  citizens  of  Waterbury  be  permitted  to 
appear  before  the  Convention  or  committee  of  the  whole  and 
to  express  their  views  upon  the  question  of  representation." 

Mr.  Waller  of  ISTew  London  raised  the  point  of  order  that 
the  proposed  amendment  was  not  germane  to  the  pending 
resolution,  and  for  that  reason  was  not  in  order. 

The  President  ruled  that  the  point  of  order  was  well  taken. 

The  amendment.  Schedule  "  A,"  did  not  prevail. 

The  resolution  was  discussed  by  Messrs.  Hall  of  West  Hart- 
ford, Perry  of  Fairfield,  Warner  of  Salisbury,  Gillette  of 
Burlington,  and  Webb  of  Hamden. 

Mr.  Waller  of  New  London  moved  that  the  vote  be  taken 
by  Yeas  and  Nays, 

The  motion  prevailed. 

The  resolution  was  then  rejected,  and  the  report  of  the 
committee  rejected. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Dickinson,  Loomis,  Churchill, 
Havens,  Bartlett,  Holcomb,  Healy. 

New  Haven  County.  —  Messrs.  S.    R.    Woodward,    Gris- 
wold,  Meigs,  Hotchkiss,  Russell, 
c.  c— 18 


274  JOUKN^VL    OF    THE    CONSTITUTIONAL    CONVENTION. 

New  London  County.  —  Messrs.  "Waller,  Miner,  Chipman, 
King,  Bailey,  I.  Gillette,  Frink,  C.  A.  Gallup. 

Fairfield  County. — Messrs.  Davenport,  Woodman,  Bell, 
Shelton,  Wanzer,  C.  H.  liorthrop,  Barnes,  Wakeman. 

Windham  County.  —  Messrs.  Groesbeck,  Latham,  Waldo, 
Bo  wen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Belden,  Beardsley,  Whittlesey,  O'Connor,  D.  T.  Warner, 
Etheridge,  Brinsmade,  Woolson. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  ]\L 
Clark,  Pelton,  Coe,  Hubbard,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Skinner,  Collins,  Hawkins, 
Charter,  Porter,  Storrs. 

Those  voting  Nay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  W^  M. 
Brown,  E.  S.  Gillette,  P.  S.  Bryant,  Middleton,  Redfiekl, 
Maltbie,  Miller,  Cooley,  Vance,  Condell,  Sperry,  W.  H.  Hall, 
Willard,  D.  E.  Phelps. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  McMahon,  Stevens,  Webb,  Lines, 
Wallace,  Ford,  Marks,  S.  J.  Bryant,  Davis,  Wooster,  Upson, 
Bishop, 

New  London  County.  —  Messrs.  F.  T.  Brown,  Buell,  A. 
M.  Brown,  Bromley,  Raymond,  Killeen,  J.  F.  Brown,  Hinck- 
ley, E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Perry,  A.  B.  Woodward,  San- 
ford,  Seymour,  Merritt,  Stagg,  O.  Hall. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Fitts,  L.  N. 
Clark,  Somes,  Milner,  Elliott,  Chandler. 

Litchfield  County.  —  Messrs.  Mallett,  J.  H.  Smith,  C.  H. 
Smith,  Crofut,  Strong. 

Middlesex  County.  —  Messrs.  Purple,  Nettleton,  Terrill, 
W.  H.  Smith. 

Tolland  County.  —  Messrs.  Newcomb,  Sumner,  Pinney, 
Phelps. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  275 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Jarvis,  Pierce,  Sears,  Grant, 
Cheney,  Bissell. 

New  Haven  County.  —  Messrs.  Fisk,  A.  E.  Smith,  Mer- 
win,  Whittemore,  Kendrick. 

JSTew  London  County.  —  Messrs.  Allyn,  Huntington,  Mor- 
gan, Riley. 

Fairfield  County.  —  Messrs.  Dempsey,  E.  H.  !N"orthrop, 
Jennings,  R.  J.  Walsh,  Whitlock,  Mead,  Gorham,  Chichester. 

Windham  County.  —  Messrs.  Evans,  Burnham,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Kellogg,  Wright,  Ely, 
J.  F.  Smith,  Camj),  Krrby,  Fyler,  Curtiss. 

Middlesex  County.  —  Messrs.  Markham,  Brothwell,  Blake. 

Tolland  County.  —  Messrs.  Keeney,  Kinney,  W.  H.  Hall. 

Whole  number  voting,  .  .  .  .  .126 

Necessary  for  passage,  .  .  .  .         .64 

Those  voting  Yea,  .  .  .  .57 

Those  voting  ISTay,  .  .  .  .69 

CONVENTION  RESOLUTION. 

Convention  Resolution  No.  201.  Mr.  Clark  of  Flartford 
introduced  a  resolution  providing  for  adjournment  on  Wed- 
nesday, April  2d,  at  2  o'clock  P.  M.,  for  advocates  of  Woman 
Suffrage  to  address  the  members. 

The  resolution  was  discussed  by  Messrs.  Waller  of  New 
London,  Clark  of  Hartford,  and  Perry  of  Fairfield. 

Mr,  Waller  of  New  London  moved  that  the  resolution  be 
tabled. 

The  motion  prevailed. 

REPORT   OF    A    COMMITTEE. 

Convention  Resolution  No.  202.  The  report  of  the  com- 
mittee raised  by  Convention  Resolution  No.  197  (see  Conven- 
tion Journal,  March  26th),  to  which  was  referred  Article 


276  JOUENAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Fifth  of  the  Constitution  and  the  pending  amendments 
thereto,  was  presented  by  Mr.  Merritt  of  Stamford,  chairman 
of  the  committee. 

On  motion  of  Mr.  Merritt  of  Stamford,  the  report  was 
tabled  and  ordered  printed. 

The  report  was  as  follows: 

The  committee  to  which  was  referred  Article  Fifth  have 
the  honor  nnanimonslj  to  report  the  following  proposed 
article : 

Article  Fifth. 
OF  THE  JUDICIAL  DEPAKTMENT. 

Section  1.  The  judicial  power  of  the  state  shall  be  vested 
in  a  Supreme  Court  of  Errors,  a  Superior  Court,  and  such 
inferior  courts  as  the  General  Assembly  shall,  from  time  to 
time,  ordain  and  establish;  the  powers  and  jurisdiction  of 
which  courts  shall  be  defined  by  law. 

Sec.  2.  The  justices  of  the  peace  for  the  several  towns  in 
this  State  shall  be  appointed  by  the  electors  in  such  towns; 
and  the  time  and  manner  of  their  election,  the  number  for 
each  town,  and  the  period  for  which  they  shall  hold  their 
offices,  shall  be  prescribed  by  law.  They  shall  have  such 
jurisdiction  in  civil  and  criminal  cases  as  the  General  As- 
sembly may  prescribe. 

Sec.  3.  The  judges  of  the  Supreme  Court  of  Errors  and  of 
the  Superior  Court  shall,  upon  nomination  of  the  Governor, 
be  appointed  by  the  General  Assembly  in  such  manner  as  shall 

by  law  be  prescribed.     They  shall  hold  their  offices 

but  may  be  removed  by  impeachment,  and  the  Governor  shall 
also  remove  them  on  the  address  of  two-thirds  of  each  house 
of  the  General  Assembly.  And  in  case  any  vacancy  occurs  in 
the  office  of  a  judge  in  the  Supreme  Court  of  Errors  or  Su- 
perior Court,  by  death  or  otherwise,  when  the  General  As- 
sembly is  not  in  session,  the  Governor  may  appoint  a  judge  to 


JOURNAL    OF    THE    COXSTITUTIOXAL    COXVEXTIOX.  277 

fill  such  vacancy  who  shall  continue  in  said  office  until  the 
rising  of  the  next  General  Assembly,  or  until  the  vacancy  is 
filled  by  the  action  of  the  Governor  and  the  General  Assemblv 
as  hereinbefore  provided.  ISTo  judge  or  justice  of  the  peace 
shall  be  capable  of  holding  office  after  he  shall  arrive  at  the 
age  of  70  years.  Any  judge  of  the  Supreme  Court  of  Errors 
or  Superior  Court  who  shall  be  retired  from  office  on  account 
of  age  shall  thereupon  become  a  State  referee,  whose  powers 
shall  be  defined  by  law.  The  salary  of  a  judge  of  the  Su- 
preme Court  of  Errors  and  of  the  Superior  Court  shall  be 
$6,000  a  year,  and  he  shall  receive  for  his  expenses  such 
amount  as  shall  be  determined  by  law.  The  salary  of  a  State 
referee  appointed  under  the  provisions  of  this  section  shall  be 
$3,000  a  year.  The  provisions  of  this  section  shall  apply  in 
every  respect  to  the  present  judges  of  the  Supreme  Court  of 
Errors  and  Superior  Courts  and  to  the  present  State  referees. 

Sec.  4.  Judges  of  the  Courts  of  Common  Pleas,  and  of  the 
District  Courts,  shall  be  appointed  for  a  term  of  six  years  in 
the  manner  provided  in  Section  3  for  the  appointment  of 
judges  of  the  Supreme  Court  of  Errors  and  Superior  Courts. 
Judges  of  City  Courts,  Police  Courts,  Borough  Courts,  and 
Town  Courts,  shall  be  appointed  for  the  term  of  two  years. 

Sec.  5.  Judges  of  probate  shall  be  elected  by  the  electors 
residing  in  their  respective  districts  at  the  general  election 
quadrennially.  They  shall  hold  their  office  for  four  years 
from  the  Wednesday  after  the  first  Monday  of  the  January 
next  succeeding  their  election. 

After  the  adoption  of  Sections  third,  fourth,  and  fifth,  your 
committee  recommend  to  fill  the  blank  in  section  third,  the 
following : 

After  the  word  "  offices  "  in  the  fifth  line  of  section  third, 
the  following :  "  during  good  behavior,"  and  if  the  recom- 
mendation is  not  adopted  by  the  Convention,  the  committee 
will  propose  to  fill  the  blank  with  the  words  "  for  the  term  of 
eight  years." 


278  JOUK^^AL    OF    THE    COXSTITUTIOx\AL    CONVENTION. 

There  are  several  other  matters  referred  to  the  committee 
upon  which  it  begs  leave  to  report  later,  and  asks  to  be  con- 
tinued for  that  purpose. 

By  order  of  the  committee. 

SCHUYLER  MEERITT, 

Chairman. 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  jSTo.  203.  Mr.  Perry  of  Fairfield 
introduced  a  resolution  providing  "  that  a  committee  of  five 
be  appointed  to  put  the  entire  Constitution,  when  finally  ap- 
proved in  articles  by  the  Convention,  in  proper  form  for  sub- 
mission to  the  people,  and  report." 

The  resolution  was  discussed  by  Messrs.  Perry  of  Fairfield, 
Waller  of  New  London,  and  Davenport  of  Bridgeport. 

Mr.  Clark  of  Haddam  moved  to  amend  by  Schedule  "  A," 
striking  out  the  word  "  five,"  and  inserting  in  lieu  thereof 
the  words  "  eight,  one  from  each  county." 

The  amendment  did  not  prevail. 

Mr.  Warner  of  Salisbury  moved  to  amend  by  Schedule 
"  B,"  striking  out  all  after  the  enacting  clause,  and  inserting 
in  lieu  thereof  the  following :  "  That  a  committee  of  five  be 
appointed  to  engross  and  arrange  the  articles  of  the  Constitu- 
tion already  adopted  and  that  may  be  hereafter  adopted,  for 
the  purpose  of  correcting  verbal  inaccuracies  and  errors  in 
phraseology." 

The  amendment  was  discussed  by  Messrs.  Bryant  of  East 
Hartford,  Perry  of  Fairfield,  Warner  of  Salisbury,  Brown 
of  Norwich,  and  ISTorthrop  of  Middletown. 

Mr.  Clark  of  Haddam  moved  to  amend  the  amendment  by 
Schedule  "  C,"  providing  for  a  committee  of  eight  members, 
one  from  each  county. 

The  amendment,  Schedule  "  C,"  did  not  prevail. 

Mr.  Warner  of  Salisbury  moved  that  the  resolution  be 
tabled. 

The  motion  prevailed. 


JOUENAL    OF    THE    CONSTITUTIONAL    CONVENTION.  279 

Mr.  Wcaller  of  jSFew  London  moved  that  when  the  Conven- 
tion adjourn  at  this  session,  it  be  to  meet  on  Tuesday,  April 
1st,  at  12.30  o'clock  P.  M. 

The  motion  prevailed. 

Convention  Resolution  'No.  204.  Mr.  Warner  of  Salis- 
bury introduced  a  resolution  adopting  Article  Eighth  of  the 
present  Constitution  as  a  part  of  the  proposed  Constitution. 

Mr.  Perry  of  Fairfield  moved  to  amend  Article  Eighth  by 
Schedule  "  A." 

The  amendment  prevailed. 

The  resolution  adopting  Article  Eighth  as  amended  was 
then  passed  by  a  rising  vote. 

The  vote  was  as  follows: 

Whole  number  voting,  .  .  .  .  .90 

Necessary  for  passage,  .  .         .         .         .85 

Number  voting  Yes,  .  .  .89 

Number  voting  No,  ...         1 

Following  is  the  amendment: 

Schedule  "  A." 

In  Section  2,  lines  6,  7,  8,  and  9,  strike  out  the  words  "  the 
value  of  said  fund  shall,  as  soon  as  practicable,  be  ascertained 
in  such  manner  as  the  General  Assembly  may  prescribe,  pub- 
lished and  recorded  in  the  Comptroller's  office;  and." 

The  following  is  the  amended  Article  as  adopted: 

Article  Eighth. 

OF  EDUCATION. 

Section  1.     The  charter  of  Yale  College,  as  modified  by 

agreement  with  the  corporation  thereof,  in  pursuance  of  an 

Act  of  the  General  Assembly,  passed  in  May,  1792,  is  hereby 

confirmed. 

Sec.  2.  The  fund  called  the  School  Fund  shall  remain 
a  perpetual  fund,  the  interest  of  which  shall  be  inviolably  ap- 


280  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

propriated  to  the  support  and  encouragement  of  the  public 
or  common  schools  throughout  the  State,  and  for  the  equal 
benefit  of  all  the  people  thereof.  No  law  shall  ever  be  made, 
authorizing  said  fund  to  be  diverted  to  any  other  use  than  the 
encouragement  and  support  of  public,  or  common  schools, 
among  the  several  school  societies,  as  justice  and  equity  shall 
require. 

Convention  Resolution  No.  205.  Mr.  Warner  of  Salis- 
bury introduced  a  resolution  adopting  Article  Ninth  of  the 
present  Constitution  as  a  part  of  the  proposed  Constitution. 

The  resolution  was  passed  by  a  rising  vote. 

The  vote  was  as  follows : 

Whole  number  voting,  .  .  .  .  .88 

Necessary  for  passage,  . 

Number  voting  Yes, 

Number  voting  No, 

The  following  is  the  Article  adopted 

Article  Ninth. 
OF  IMPEACHMENTS. 

Section  1.  The  House  of  Representatives  shall  have  the 
sole  power  of  impeaching. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  Senate. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirma- 
tion. No  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  members  present.  When  the  Governor 
is  impeached,  the  Chief  Justice  shall  preside. 

Sec.  3.  The  Governor,  and  all  other  executive  and  judi- 
cial officers,  shall  be  liable  to  impeachment;  but  judgments 
in  such  cases  shall  not  extend  further  than  to  removal  from 
office  and  disqualification  to  hold  any  office  of  honor,  trust,  or 
profit  under  this  State.  The  party  convicted  shall,  never- 
theless, be  liable  and  subject  to  indictment,  trial,  and  punish- 
ment according  to  law. 


JOUENAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


281 


Sec.  4.  Treason  against  the  State  shall  consist  only  in 
levying  war  against  it,  or  adhering  to  its  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of 
treason,  unless  on  the  testimony  of  two  witnesses  to  the  same 
overt  act,  or  on  confession  in  open  court.  No  conviction  of 
treason,  or  attainder,  shall  work  corruption  of  blood  or  for- 
feiture. 

Convention  Resolution  No.  49.  (See  Convention  Journal, 
January  9th.)  A  resolution  concerning  Civil  Appointments 
by  the  Governor  was  taken  from  the  table,  on  motion  of  Mr. 
Waller  of  New  London. 

Mr.  "Waller  of  New  London  moved  to  amend  by  Schedule 
"  A." 

The  amendment  prevailed. 

The  resolution,  as  amended,  was  discussed  by  Messrs.  Clark 
of  Hartford,  Davenport  of  Bridgeport,  Webb  of  Hamden, 
Clark  of  Haddam,  Warner  of  Salisbury,  and  Brown  of 
Norwich. 

Mr.  Webb  of  Hamden  moved  to  amend  by  Schedule  "  B." 

On  motion  of  Mr.  Brown  of  Norwich,  the  resolution  was 
tabled. 

The  following  is  the  amendment  adopted : 
Schedule  "  A." 

Strike  out  all  after  the  enacting  clause.  Insert,  in  lieu 
thereof,  the  following,  viz. :  That  the  following  article  or 
section  shall  be  inserted  in  the  Constitution :  "  No  member 
of  the  General  Assembly  shall  receive  any  civil  appointment 
in  this  State  from  the  Governor,  the  Governor  and  Senate, 
or  from  the  General  Assembly  during  the  term  for  which  he 
shall  have  been  elected." 

On  motion  of  Mr.  Guilfoile  of  Waterbury,  the  Convention, 
at  1.50  o'clock  P.  M.,  adjourned,  to  meet  on  Tuesday,  at 
12.30  o'clock  P.  M. 


Tuesday,  April  1,  1902. 

The  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Kev.  Charles  H. 
Smith  of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  W.  M. 
Brown,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S.  Bryant,  Mid- 
dleton,  Grant,  Eedfield,  Loomis,  Miller,  Vance,  Condell, 
Havens,  Bartlett,  Holcomb,  Sperry,  Bissell,  W.  H.  Hall, 
Willard,  D.  E.  Phelps,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  S.  R  Woodward,  Fisk,  A.  E.  Smith,  McMahon, 
Stevens,  Griswold,  Meigs,  Lines,  Wallace,  Ford,  S.  J.  Bryant, 
Davis,  Hotchkiss,  Wooster,  Eussell,  Kendrick,  Upson. 

New  London  County.  —  Messrs.  F.  T.  Brown,  Miner, 
Buell,  Chipman,  King,  A.  M.  Brown,  I.  Gillette,  Allyn, 
Bromley,  Raymond,  Killeen,  J.  F.  Brown,  Huntington, 
Frink,  Morgan,  Kiley. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  E.  H. 
Northrop,  Bell,  Jennings,  Perry,  Whitlock,  Shelton,  Wanzer, 
C.  H.  Northrop,  A.  B.  Woodward,  Sanford,  Seymour, 
Bafrnes,  Merritt,  Stagg,  O.  Hall,  Gorham,  Wakeman,  Chi- 
chester. 

Windham  County.  —  Messrs.  Bugbee,  L.  N.  Clark,  Groes- 
beck,  Latham,  Burnham,  Somes,  Milner,  Elliott,  Waldo, 
Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Ely,  Beardsley,  Whittlesey, 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  283 

J.  F.  Smith,  Camp,  C.  H.  Smith,  Crofnt,  D.  T.  Warner, 
Etheridge,  Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  D.  "W.  Northrop,  G.  M. 
Clark,  Markham,  Pelton,  Coe,  Hubbard,  Purple,  Blake,  !N"et- 
tleton,  Terrill,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Collins, 
Hawkins,  Charter,  Porter,  Storrs,  Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  were : 

Hartford  County.  —  Messrs.  Jarvis,  Pierce,  Maltbie,  Che- 
ney, Cooley,  Churchill. 

]^ew  Haven  County.  —  Messrs.  A.  D.  Warner,  Webb, 
Merwin,  Whittemore,  Marks,  Bishop. 

ISTew  London  County.  —  Messrs.  Waller,  Bailey,  Hinckley, 
E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  R.  J.  Walsh,  Mead. 

Windham  County.  —  Messrs.  Boss,  Fitts,  Evans,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Kellogg,  Wright, 
O'Connor,  Kirby,  Fyler. 

Middlesex  County.  —  Messrs.  Brothwell,  W.  H.  Smith. 

Tolland  County.  —  Messrs.  Newcomb,  Keeney,  Pinney, 
Kinney. 

]Srumber  present  and  answering,     .  .  .   132 

Xumber  absent  and  not  answering,         .  .36 

The  President  stated  that  he  had  been  informed  by  the 
Clerk  of  the  Convention  that  a  mistake  had  been  made  in  the 
declaration  of  the  vote  on  Amendment  "  E  "  (see  Convention 
Journal,  page  270),  which  had  been  offered  as  an  amendment 
to  Article  Seventh  of  the  proposed  Constitution,  and  that  in 
order  to  correct  the  record  he  would  entertain  a  motion  to 
reconsider  the  vote  adopting  Article  Seventh  as  amended. 

Mr.  Clark  of  Haddam  moved  that  the  Convention  recon- 
sider its  action  in  adopting  Article  Seventh  as  amended. 

The  motion  prevailed. 

On  motion  of  Mr.  Clark  of  Haddam,  Article  Seventh  was 
tabled. 


284  JOURNAL    OF    THE    COISTSTITUTIONAL    CONVENTION. 

Convention  Resolution  jSTo.  194  (see  Convention  Jonrnal, 
March  26th),  a  resolution  adding  certain  sections  to  the 
Declaration  of  Rights,  Article  First  of  the  Constitution,  was 
taken  from  the  table  on  motion  of  Mr.  Redfield  of  Far- 
mington. 

Mr.  Redfield  of  Farmington  moved  that  the  resolution  be 
adopted  as  a  part  of  the  proposed  constitution. 

The  resolution  was  discussed  by  Mr.  Redfield  of  Farming- 
ton. 

[Vice-President  Perry  in  the  Chair.] 

The  resolution  was  further  discussed  by  Messrs.  Redfield  of 
Farmington,  Warner  of  Salisbury,  and  Brown  of  Norwich. 

By  unanimous  consent  Mr.  Redfield  of  Farmington  with- 
drew Section  22  of  the  resolution,  providing  that  no  ex  post 
facto  law,  or  one  retrospective  in  its  operation,  nor  law  im- 
pairing the  obligation  of  contracts,  shall  be  enacted  by  the 
General  Assembly. 

On  motion  of  Mr.  Clark  of  Fladdam  the  previous  question 
was  ordered. 

Mr.  Davenport  of  Bridgeport  moved  that  the  resolution  be 
tabled. 

Mr.  Clark  of  Haddam  raised  the  point  of  order  that  the 
previous  question  having  been  ordered,  the  motion  to  table  was 
not  in  order. 

The  Chairman  ruled  that  the  point  of  order  was  well  taken. 

On  motion  of  Mr.  Warner  of  Salisbury,  by  unanimous 
consent,  action  on  Section  23  of  the  resolution  was  postponed 
to  be  considered  in  connection  with  Convention  Resolution 
No.   44,   concerning  special  legislation. 

The  motion  to  adopt  the  remaining  sections  of  the  resolu- 
tion. Sections  24  and  25,  did  not  prevail. 

ORDER  OF  THE  DAY,  1  O'CLOCK  P.  M. 

Convention  Resolution  No.  202  (see  Convention  Journal, 
March  27th),  the  Draft  of  Article  Fifth  of  the  Constitution 


JOUKNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  285 

reiDorted  hj  the  special  committee,  was  taken  from  the  table, 
on  motion  of  Mr.  Merritt  of  Stamford. 

Mr.  Merritt  of  Stamford  moved  that  Section  1  of  Article 
Fifth  be  adopted. 

The  motion  prevailed. 

Mr.  Merritt  of  Stamford  moved  that  Section  2  be  adopted. 

The  motion  prevailed. 

Mr.  Merritt  of  Stamford  moved  that  Section  3  be  adopted. 

The  motion  was  discussed  by  Mr.  Merritt  of  Stamford. 

Mr.  Clark  of  Haddam  moved  to  amend  the  Section  by 
Schedule  "  A,"  providing  that  judges  of  the  Supreme  and 
Superior  Courts  shall  hold  oiRce  until  they  arrive  at  the  age 
of  seventy  years;  that  the  Governor  may  fill  vacancies,  and 
fixing  the  salaries  of  judges  at  four  thousand  dollars  per  year 
and  expenses. 

The  amendment  was  discussed  by  Mr.  Clark  of  Haddam. 

Mr.  Etheridge  of  Thomaston  moved  to  amend  by  Schedule 
"  B,"  making  the  term  of  office  of  the  judges  eight  years, 
and  striking  out  the  proposition  regarding  salaries  of  judges. 

The  amendment  was  discussed  by  Messrs.  Etheridge  of 
Thomaston,  Brinsmade  of  Washington,  Warner  of  Salisbury, 
and  JSTorthrop  of  Middletown. 

Mr.  Brinsmade  of  Washington  moved  that  the  amendment, 
Schedule  "  B,"  be  divided,  and  the  two  propositions  em- 
bodied therein  be  separately  acted  on. 

The  motion  prevailed. 

The  first  proposition  of  amendment,  Schedule  "  B,"  pre- 
vailed. 

The  second  proposition  prevailed. 

Following  is  the  amendment  adopted : 

Schedule  "  B." 

Fill  the  blank  in  line  five  of  Section  3  by  inserting  the 
words  "  for  the  term  of  eight  years." 

Strike  out  all  of  said  Section  3  after  line  22. 


286  JOURNAL    OF    THE    CONSTITUTIOXAL    COXVEXTIOX. 

Mr.  Warner  of  Salisbury  moved  to  amend  by  Schedule 
"  C  "  to  add  to  the  amendment,  Schedule  "  B,"  inserting  in 
lieu  of  the  provisions  stricken  out  Convention  Resolution  Xo. 
63  (see  Convention  Journal,  January  lith). 

The  amendment  M'as  discussed  by  Mr.  Davenport  of  Bridge- 
port. 

The  amendment  prevailed. 

Following  is  the  amendmeni : 

Schedule  "  C." 

Add  at  the  end  of  Schedule  "  B  "  :  "  Insert  in  lieu  thereof 
the  following :  The  judges  of  the  Supreme  Court  of  Errors 
and  of  the  Superior  Court  shall  receive  a  stated  compensation 
to  be  fixed  by  the  Legislature.  Said  compensation  may  be 
increased,  but  shall  not  be  diminished  during  their  terms  of 
office." 

Mr.  Merritt  of  Stamford  moved  that  the  vote  on  Schedule 
"  A,"  as  amended  by  Schedules  "  B  "  and  "  C,"  be  taken 
separately  on  the  provisions  concerning  terms  of  judges  and 
concerning  salaries,  and  that  the  vote  be  taken  by  Yeas  and 
Nays. 

The  motion  prevailed. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Schedule 
"  D,"  striking  out  the  word  "  eight "  in  Schedule  "  B,"  and 
inserting,  in  lieu  thereof,  the  word  "  twelve." 

The  amendment  was  discussed  by  Messrs.  Warner  of  Salis- 
bury and  Smith  of  Winchester. 

By  unanimous  consent  Mr.  Davenport  of  Bridgeport  with- 
drew his  amendment. 

The  first  paragraph  of  the  amendment.  Schedule  "  A,"  as 
amended  by  Schedule  "  B,"  prevailed. 

The  vote  was  as  follows: 

Those  voting  Yea  were : 

Hartford  County. — Messrs.  Holmes,  W.  M.  Brown,  E. 


JOURJvAL    OF    THE    COjSTSTITUTIONAL    CONVENTION.  287 

S.  Gillette,  Middleton,  Loomis,  Miller,  Vance,  Havens,  Bart- 
lett,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

ISTew  Haven  County.  —  Messrs.  Guilfoile,  D.  T.  Walsli, 
S.  E.  Woodward,  McMahon,  Stevens,  Griswold,  Meigs,  Wal- 
lace, Ford,  S.  J.  Bryant,  Davis,  Russell,  Kendrick,  Upson. 

Xew  London  County.  —  Messrs.  Miner,  Buell,  Chipman, 
King,  A.  M.  Brown,  I.  Gillette,  Bromley,  Raymond,  Killeen, 
J.  F.  Brown,  Morgan,  Riley. 

Fairfield  County.  —  Messrs.  Woodman,  E.  H.  Northrop, 
Jennings,  Perry,  Wanzer,  A.  B.  Woodward,  Sanford,  Sey- 
mour, Stagg,  0.  Hall,  Gorham,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  L.  IST.  Clark,  Groes- 
beck,  Latham,  Burnham,  Somes,  Milner,  Elliott,  Waldo, 
Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  J.  H.  Smith,  Ely,  Beardsley,  Whittlesey,  J.  F. 
Smith,  C.  H.  Smith,  D.  T.  Warner,  Etheridge,  Strong,  Wool- 
son,  Curtiss. 

Middlesex  County. — Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Markham,  Hubbard,  Purple,  Nettleton,  Terrill,  Post. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Collins, 
Hawkins,  Charter,  Porter,  Storrs,  Phelps. 

Those  voting  Nay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Sears,  P.  S. 
Bryant,  Grant,  Condell,  Holcomb,  Bissell. 

New  Haven  County.  —  Messrs.  Osborn,  Fisk,  Lines, 
Hotchkiss,  Wooster. 

New  London  County. —  Messrs.  F.  T.  Brown,  Allyn,  Hun- 
ington. 

Fairfield  County.  —  Messrs.  Davenport,  Shelton,  C.  H. 
Northrop,  Merritt. 

Litchfield  County.  —  Mr.  Brinsmade. 

Middlesex  County.  —  Messrs.  Coe,  Blake. 


288        jourtNAL  OF  the  constitutional  convention. 

Those  absent  and  not  voting  were : 

Hartford  Connty.  —  Messrs.  Jarvis,  Pierce,  Dickinson, 
Redfield,  Maltbie,  Cheney,  Cooley,  Churchill,  Sperry. 

]^ew  Haven  County.  —  Messrs.  A.  D.  Warner,  A.  E. 
Smith,  Webb,  Merwin,  Whittemore,  Marks,  Bishop. 

Xew  London  Connty.  —  Messrs.  Waller,  Bailey,  Frink, 
Hinckley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  Bell,  B.  J.  Walsh, 
Whitlock,  Mead,  Barnes. 

Windham  County.  —  Messrs.  Boss,  Fitts,  Evans,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Belden,  Kellogg, 
Wright,  O'Connor,  Camp,  Crofut,  Kirby,  Fyler. 

Middlesex  County.  —  Messrs.  Brothwell,  Pelton,  W.  H. 
Smith,  Hale,  L'Hommedieu. 

Tolland  County.  —  Messrs.  J^ewcomb,  Keeney,  Pinney, 
Kinney,  W.  H.  Hall. 

Whole  number  voting,  .  .  .  .116 

Necessary  for  passage,  .  .  .  .         .59 

Those  voting  Yea,  .  .  .94 

Those  voting  'Na.j,  .  .  .22 

By  unanimous  consent  the  vote  by  Yeas  and  ISTays  on  the 
second  paragraph  was  dispensed  with. 

The  second  paragraph  of  the  amendment.  Schedule  "A," 
as  amended  by  Schedules  "  B  "  and  "  C,"  prevailed. 

The  motion  to  adopt  Section  3  as  amended  prevailed. 

Mr.  Merritt  of  Stamford  moved  that  Section  4  be  adopted. 

The  motion  was  discussed  by  Messrs.  Merritt  of  Stamford, 
Smith  of  Winchester,  Clark  of  Haddam,  Brown  of  Norwich, 
and  Loomis  of  Glastonbury. 

The  motion  prevailed. 

Mr.  Merritt  of  Stamford  moved  that  Section  5  be  adopted. 

The  motion  was  discussed  by  Messrs.  Healy  of  Windsor 
Locks  and  Warner  of  Salisbury. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  289 

Mr.  AVarner  of  Salisbury  moved  to  amend  by  Schedule 
"A,"  changing  the  term  of  office  of  judges  of  probate  from 
four  years  as  recommended,  to  two  years. 

The  amendment  was  discussed  by  Messrs.  Warner  of  Salis- 
bury, Brown  of  iSTorwich,  and  Holcomb  of  Southington. 

Mr.  Milner  of  Plainfield  moved  to  amend  by  Schedule 
"  B,"  making  the  term  of  office  eight  years. 

The  amendment  was  discussed  by  Messrs.  Clark  of  Haddam 
and  Guilfoile  of  Waterbury. 

The  amendment,  Schedule  "  B,"  did  not  prevail. 

Section  5,  containing  the  next  greatest  number  (four),  was 
next  put,  and  was  adopted. 

The  amendment.  Schedule  "  A,"  was  accordingly  not 
acted  on. 

CONVENTION   RESOLUTIONS. 

Convention  Kesolution  No.  206.  Mr.  Warner  of  Salis- 
bury introduced  a  resolution  adopting  Sections  1,  2,  3,  4, 
and  5  of  Article  Fifth,  as  already  favorably  passed  upon,  as 
part  of  the  proposed  Constitution. 

The  resolution  was  discussed  by  Messrs.  Warner  of  Salis- 
bury, Merritt  of  Stamford,  Osborn  of  ISTew  Haven,  and  Clark 
of  Hartford. 

The  resolution  was  then  passed  by  a  rising  vote. 

The  vote  was  as  follows : 

Whole  number  voting,  .  .  .  .95 

Necessary  for  passage,  .  .  .  .85 

Number  voting  Yes,  .         .         .92 

Number  voting  No,  ...         3 

The  following  is  the  article  adopted  as  amended : 


c.  c— 19 


290        jouKXAL  or  the  coxsTITUTIO^'AL  coxvE^'TIO^^ 
Article  Fifth. 

OF  THE  JUDICIAL  DEPARTMENT. 

Section  1.  The  judicial  power  of  the  state  shall  be  vested 
in  a  supreme  court  of  errors,  a  superior  court,  and  such  in- 
ferior courts  as  the  General  Assembly  shall,  from  time  to  time, 
ordain  and  establish;  the  powers  and  jurisdiction  of  which 
courts  shall  be  defined  by  law. 

Sec.  2.  The  justices  of  the  peace  for  the  several  towns  in 
this  state  shall  be  appointed  by  the  electors  in  such  towns: 
and  the  time  and  manner  of  their  election,  the  number  for 
each  town,  and  the  period  for  which  they  shall  hold  their 
offices,  shall  be  prescribed  by  law.  They  shall  have  such 
jurisdiction  in  civil  and  criminal  cases  as  the  general  assembly 
may  prescribe. 

Sec.  3.  The  judges  of  the  supreme  court  of  errors  and 
of  the  superior  court,  shall,  upon  nomination  of  the  governor, 
be  appointed  by  the  general  assembly  in  such  manner  as  shall 
by  law  be  prescribed.  They  shall  hold  their  offices  for  the 
term  of  eight  years,  but  may  be  removed  by  impeachment, 
and  the  governor  shall  also  remove  them  on  the  address  of  two- 
thirds  of  each  house  of  the  General  Assembly.  And  in  case 
any  vacancy  occurs  in  the  office  of  a  judge  in  the. supreme 
court  of  errors  or  superior  court,  by  death  or  otherwise, 
when  the  General  Assembly  is  not  in  session,  the  governor 
may  appoint  a  judge  to  fill  such  vacancy,  who  shall  continue 
in  said  office  until  the  rising  of  the  next  General  Assembly,  or 
until  the  vacancy  is  filled  by  the  action  of  the  governor  and 
the  General  Assembly  as  hereinbefore  provided.  No  judge 
or  justice  of  the  peace  shall  be  capable  of  holding  office  after 
he  shall  arrive  at  the  age  of  seventy  years.  Any  judge  of  the 
supreme  court  of  errors  or  superior  court  who  shall  be  retired 
from  office  on  account  of  age  shall  thereupon  become  a  state 
referee,  whose  powers  shall  be  defined  by  law. 

The  judges  of  the  supreme  court  of  eiTors  and  of  the  su- 
perior court  shall  receive  a  stated  compensation  to  be  fixed  by 


JOUKI^AL    OF    THE    CONSTITUTIONAL    CONVENTION.  291 

the  legislature.  Said  compensation  may  be  increased,  but 
shall  not  be  diminished  during  their  terms  of  office. 

Sec.  4.  Judges  of  the  courts  of  common  pleas  and  of  the 
district  courts  shall  be  appointed  for  a  term  of  six  years,  in  the 
manner  provided  in  section  three  for  the  appointment  of 
judges  of  the  supreme  court  of  errors  and  superior  courts. 
Judges  of  city  courts,  police  courts,  borough  courts,  and  town 
courts  shall  be  appointed  for  the  term  of  two  years. 

Sec.  5.  Judges  of  probate  shall  be  elected  by  the  electors 
residing  in  their  respective  districts  at  the  general  election 
quadrennially.  They  shall  hold  their  office  for  four  years 
from  the  AVednesday  after  the  first  Monday  of  the  January 
next  succeeding  their  election. 

Convention  Eesolution  No.  207.  Mr.  Warner  of  Salis- 
bury introduced  a  resolution  adopting  Article  Sixth  of  the 
present  Constitution  as  a  part  of  the  proposed  Constitution. 

Mr.  Davenport  of  Bridgeport  moved  that  the  resolution 
be  tabled. 

The  motion  did  not  prevail. 

Mr.  Clark  of  Haddam  moved  that  the  Convention  adjourn. 

The  motion  did  not  prevail. 

Mr.  Osborn  of  jSTew  Haven  moved  to  amend  by  Schedule 
"  A,"  striking  out  the  word  "  male  "  wherever  the  same 
occurs  in  Section  2  of  said  article. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Schedule 
"  B,"  striking  out  all  of  Section  2  and  inserting  in  lieu  thereof 
Convention  Eesolution  ISTo.  47  (See  Convention  Journal, 
January  9th). 

By  unanimous  consent,  Mr.  Osborn  of  ISTew  Haven  with- 
drew his  amendment. 

Mr.  Milner  of  Plainfield  moved  that  the  Convention  ad- 
journ. 

The  motion  did  not  prevail. 

Mr.  Davenport  of  Bridgeport  moved  that  the  resolution 
be  tabled. 


292  JOURNAL    OF    THE    CONSTITUTIOXAL    COXVEXTION. 

The  motion  did  not  prevail. 
The  amendment,  Schedule  ''  B,"  did  not  prevail. 
The  resolution  adopting  Article  Sixth  did  not  prevail. 
The  vote  was  as  follows : 

Whole  number  voting,  .  .  .  .69 

]^ecessary  for  passage,  .         .         .         .85 

Number  voting  Yes,  .         .         .69 

l^umber  voting  ISTo,  ...         0 

On  motion  of  Mr.  ]^orthrop  of  Middletown,  the  Conven- 
tion, at  4.07  o'clock  P.  M.,  adjourned  to  meet  on  "Wednes- 
day at  11  o'clock  A.  M. 


.TOURXAL    OF    THE    COX^TITUTIOXAL    COXVEXTIOX.  293 


Wednesday,  April  2,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair, 

Prayer  was  offered  by  the  Chaplain,  Eev.  William  Martin 
Brown  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  W.  M. 
Brown,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S.  Bryant,  Mid- 
dleton,  Grant,  Redfield,  Loomis,  Maltbie,  Cheney,  Cooley, 
Vance,  Churchill,  Condell,  Havens,  Bartlett,  Holcomb, 
Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  S.  R.  Woodward,  Eisk,  A.  E.  Smith,  McMahon, 
Stevens,  Griswold,  Webb,  Meigs,  Lines,  Wallace,  Merwin, 
Ford,  Marks,  S.  J.  Bryant,  Davis,  Hotchkiss,  Wooster,  Eus- 
sell,  Kendrick,  Upson,  Bishop. 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  L  Gil- 
lette, Allyn,  Bromley,  Killeen,  J.  F.  Brown,  Huntington, 
Frink,  Morgan,  Hinckley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  Northrop,  Jennings,  Perry,  Shelton,  Mead,  Wan- 
zer,  C.  H.  Northrop,  A.  B.  Woodward,  Sanford,  Seymour, 
Barnes,  Merritt,  Stagg,  0.  Hall,  Gorliam,  Wakeman. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Fitts,  L.  N. 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  Beardsley,  Whittlesey,  J.  F.  Smith,  O'Con- 


294  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

nor,  C.  H.  Smith,  Crofiit,  D.  T.  Warner,  Kirby,  Etheridge, 
Strong,  Brinsmade,  "Woolson. 

Middlesex  County. — Messrs.  D.  W.  N'orthrop,  G.  M. 
Clark,  Markham,  Brothwell,  Coe,  Hnbbard,  Purple,  Nettle- 
ton,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedieii,  Post. 

Tolland  County.  —  Messrs.  i^ewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Phelps, 
W.  H.  Hall, 

Those  absent  and  not  answering  were : 

Hartford  County.  —  Messrs.  Jarvis,  Pierce,  Miller. 

ISTew  Haven  County.  —  Messrs.  A.  D.  Warner,  Whitte- 
more. 

New  London  County.  —  Messrs.  Kaymond,  Riley. 

Fairfield  County.  —  Messrs.  Bell,  R.  J.  Walsh,  Whitlock, 
Chichester. 

Windham  County.  —  Messrs.  Evans,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  J.  H.  Smith,  Kellogg, 
Wright,  Ely,  Camp,  Eyler,  Curtiss. 

Middlesex  County.  —  Messrs.  Pelton,  Blake. 

Tolland  County.  —  Messrs.  Pinney,  Kinney. 

Whole  number  answering,     ....   143 
Those  absent  and  not  answering,    .  .  .25 

CONVENTION   RESOLUTION. 

Convention  Resolution  No.  203.  (See  Convention  Jour- 
nal, March  27th.)  A  resolution  providing  that  a  committee 
of  five  be  appointed  to  put  the  entire  Constitution,  when 
finally  approved  in  articles  by  the  Convention,  in  proper  form 
for  submission  to  the  people  and  report,  was  taken  from  the 
table,  on  motion  of  Mr.  Perry  of  Eairfield. 

The  President  stated  that  when  the  resolution  was  tabled 
there  was  an  amendment  pending,  offered  by  the  delegate 
from  Salisbury,  and  that  the  question  now  before  the  Con- 
vention was  on  the  passage  of  the  amendment. 

The  amendment.  Schedule  "  B,"  was  discussed  by  Messrs. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  295 

t 

"Warner  of  Salisbury,  Perry  of  Fairfield,  Waller  of  New 
London,  Brown  of  Norwich,  and  Clark  of  Haddam. 

The  motion  to  amend  by  Schedule  "  B  "  did  not  prevail. 

Mr.  Fisk  of  Branford  moved  to  amend  by  Schedule  "  D." 

The  amendment  was  discussed  by  Messrs.  Fisk  of  Bran- 
ford,  Perry  of  Fairfield,  and  AValler  of  New  London. 

The  amendment.  Schedule  "  D,"  did  not  prevail. 

The  resolution  w-as  then  passed. 

The  following  is  the  resolution : 

Resolved  by  this  Convention : 

That  a  committee  of  five  be  appointed  to  put  the  entire 
Constitution,  when  finally  approved  in  articles  by  the  Con- 
vention, in  proper  form  for  submission  to  the  people,  and 
report. 

APPOINTMENT   OP    A   COMMITTEE. 

The  President  appointed  the  following  delegates  as  the 
members  of  the  committee  raised  under  Convention  Resolu- 
tion No.  203  to  draft  the  proposed  Constitution : 

Messrs.    John  H.  Perry,  Fairfield,  Chairman. 
Donald  T.  Warner,  Salisbury. 
Lewis  Sperry,  South  Windsor. 
Frank  T.  Brown,  Norwich. 
Asa  B.  Woodward,  Norwalk. 

Convention  Resolution  No.  49.  (See  Convention  Journal, 
March  27th.)  A  resolution  concerning  civil  appointments 
by  the  Governor,  was  taken  from  the  table,  on  motion  of  Mr. 
Osborn  of  New  Haven. 

The  President  stated  that  at  a  previous  session  of  the  Con- 
vention the  resolution  had  been  amended  by  Schedule  "  A," 
and  that  there  was  now  pending  before  the  Convention  an 
amendment,  Schedule  "  B,"  offered  by  the  delegate  from 
Hamden. 


296  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Mr.  Waller  of  New  Londou  moved  to  amend  by  Sched- 
ule "  C." 

The  amendment  was  discussed  by  Messrs.  Waller  of  ISTew 
London,  Webb  of  Hamden,  Etheridge  of  Thomaston,  and 
Northrop  of  Middletown. 

By  unanimous  consent,  Mr.  Webb  of  Hamden  withdrew 
his  amendment. 

Mr.  Brown  of  Norwich  moved  to  amend  Schedule  "  D." 

Mr.  Waller  of  New  London,  who  presented  Schedule  "  C," 
accepted  the  amendment,  and  it  was  incorporated  in  the 
amendment. 

The  amendment.  Schedule  "  C,"  was  then  adopted. 

Mr.  Waller  of  New  London  moved  that  the  vote  on  the 
resolution  as  amended  be  taken  by  Yeas  and  Nays. 

The  motion  prevailed. 

The  resolution  was  then  passed  as  amended. 

The  vote  was  as  follows: 
Those  voting  Yea  were  : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  W.  M. 
Brown,  Sears,  Dickinson,  Middleton,  Grant,  Redfield,  Loomis. 
Maltbie,  Cheney,  Cooley,  Vance,  Churchill,  Condell,  Havens, 
Bartlett,  Holcomb,  W.  H.  Hall,  D.  E.  Phelps. 

New  Haven  County.  —  Messrs.  Osborn,  D.  T.  Walsh,  S. 
E.  Woodward,  A.  E.  Smith,  McMahon,  Stevens,  Griswold, 
Webb,  Meigs,  Wallace,  Merwin,  Ford,  Marks,  S.  J.  Bryant, 
Davis,  Hotchkiss,  Wooster,  Russell,  Kendrick,  Upson,  Bishop. 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  Bailey,  I.  Gillette,  Allyn, 
Bromley,  J.  F.  Brown,  Frink,  Morgan,  Hinckley,  C.  A.  Gal- 
lup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  E.  H. 
Northrop,  Jennings,  Perry,  Shelton,  Mead,  C.  H.  Northrop, 
Sanford,  Seymour,  Barnes,  Merritt,  Stagg,  O.  Hall,  Gorham, 
Wakeman. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  297 

Windham  County.  —  Messrs.  Bngbee,  Fitts,  L.  IST.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Elliott,  Waldo,  Chand- 
ler, Bowen. 

Litchfield  County.  —  Messrs.  Beach,  Case,  Beardsley, 
Whittlesey,  J.  F.  Smith,  O'Connor,  C.  H.  Smith,  Crofut,  D. 
T.  Warner,  Kirby,  Strong,  Brinsmade,  Woolson. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  Markham, 
Brothwell,  Coe,  Hubbard,  Purple,  Nettleton,  Terrill,  Hale, 
L'Hommedieu,  Post. 

Tolland  County.  —  Messrs,  Newcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Phelps. 

Those  voting  ISTay  were : 

Hartford  County.  —  Messrs.  P.  S.  Bryant,  Sperry,  Healy, 
]^ew  Haven  County.  —  Messrs.  Fisk,  Lines. 
ISTew  London  County.  —  Messrs.  A.  M.  Brown,  Killeen,  E. 
B.  Gallup. 

Fairfield  County.  —  Messrs.  Wanzer,  A.  B.  Woodward. 
Windham  County.  —  Mr.  Milner. 
Litchfield  County.  —  Messrs.  W.  B.  Smith,  Etheridge. 
Middlesex  County.  —  Messrs.  G.  M.  Clark,  W.  H.  Smith. 
Tolland  County.  —  Messrs.  Keeney,  W.  H.  Hall. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Jarvis,  Pierce,  E.  S.  Gillette, 
Miller,  Bissell,  Willard. 

New  Haven  County.  —  Messrs.  Guilfoile,  A.  D.  Warner, 
Whittemore. 

New  London  County.  —  Messrs.  Eaymond,  LIuntington, 
Kiley. 

Fairfield  County.  —  Messrs.  Woodman,  Bell,  K.  J.  Walsh, 
Whitlock,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Evans,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Mallett,  Belden,  J. 
H.  Smith,  Kellogg,  Wright,  Ely,  Camp,  Fyler,  Curtiss. 


298 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Middlesex  County.  —  Messrs.  Pelton,  Blake. 
Tolland  County.  —  Messrs.   Pinney,  Kinney. 

Whole  number  voting,  .  .  .  .133 

Xecessary  for  passage,  .  .  .  .85 

Those  voting  Yea,  .  .  .116 

Those  voting  Xay,  .  .  .17 

The  following  is  the  resolution  and  the  amendments 
adopted : 

Resolved  by  this  Convention  : 

That  a  committee  of  nine  be  appointed  to  report  to  this 
Convention  for  its  consideration  a  section  ol*  article  providing 
that  no  member  of  the  legislature  shall  receive  any  civil  ap- 
pointment within  this  state  from  the  Governor,  the  Governor 
and  Senate,  or  from  the  legislature  during  the  time  for  which 
he  shall  have  been  elected. 

Schedule  "  A." 

Strike  out  all  after  the  enacting  clause.  Insert,  in  lieu 
thereof,  the  following,  viz. :  That  the  following  article  or 
section  shall  be  inserted  in  the  Constitution :  "  ISTo  member 
of  the  General  Assembly  shall  receive  any  civil  appointment 
in  this  state  from  the  Governor,  the  Governor  and  Senate, 
or  from  the  General  Assembly  during  the  term  for  which  he 
shall  have  been  elected."  , 

Schedule  "  C." 

Insert  after  the  word  "  state  "  the  words  "  or  to  the  United 
States  Senate." 

Insert  after  the  words  General  Assembly  as  they  appear  in 
the  next  to  the  last  line  of  the  amendment  the  words  "  or 
either  branch  thereof." 

Convention  Resolution  Xo.  50.  (See  Convention  Journal, 
January  9th.)     A  resolution  concerning  civil  service  in  the 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  299 

state  of  Connecticut,  was  taken  from  the  table  on  motion  of 
Mr.  Osborn  of  New  Haven. 

The  resolution  was  discussed  by  Messrs.  Osborn  of  New  Ha- 
ven, Warner  of  Salisbury,  and  Clark  of  Haddam. 

The  resolution  was  rejected  by  a  rising  vote. 

The  vote  was  as  follows : 

Whole   number   voting,  ,.  .  .          .94 

Necessary  for  passage,  .  .  .          .85 

Those  voting  Yes,  .  .  .43 

Those  voting  No,  .  .  .51 

ORDEE  OF  THE  DAY  FOR  11  O'CLOCK  A.  M. 

Mr.  Perry  of  Fairfield  called  for  the  Order  of  the  Day, 
which  was  Convention  Resolution  No.  44,  a  resolution  raising 
a  committee  to  report  a  resolution  concerning  the  creation  of 
private  corporations. 

Mr.  Bryant  of  Orange,  at  12.45  o'clock  P.  M.,  moved  that 
the  Convention  take  a  recess  until  1.45  o'clock  P.  M. 

The  motion  prevailed. 


Wednesday  afternoon,  April   2,   1902. 

The  Convention  was  called  to  order  at  1.45  o'clock  P.  M., 
the  President  in  the  Chair. 

The  President  stated  that  the  resolution  pending  before  the 
Convention  was  Convention  Resolution  No.  44,  offered  by  the 
delegate  from  New  London,  concerning  the  creation  of  private 
corporations. 

By  unanimous  consent  Mr.  Waller  of  New  London  intro- 
duced a  substitute  resolution  for  the  one  originally  introduced 
by  him,  and  pending  before  the  Convention. 

The  substitute  resolution  was  discussed  by  Messrs.  Waller 
of  New  London  and  Clark  of  Haddam. 

Mr.  Fisk  of  Branford  moved  to  table  the  resolution. 


300  JOUKXAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

The  motion  did  not  prevaiL 

The  resolution  was  further  discussed  by  Messrs.  Brown  of 
Norwich  and  Sperry  of  South  Windsor. 

Mr.  Waller  of  New  London  moved  that  no  vote  be  taken  in 
the  pending  resolution  today. 

The  motion  prevailed. 

On  motion  of  Mr.  Healy  of  Windsor  Locks,  the  Conven- 
tion, at  3.40  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday, 
at  11  o'clock  A.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  301 


Thursday,  April  3,  1902, 

The  Convention  was  called  to  order  at  11  o'clock  A.  M.,  the 
President  in  the  Chair. 

Prayer  was  offered  by  the  Eev.  S.  W.  Eobbins  of  Hartford. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were  : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  W.  M. 
Brown,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S.  Bryant,  Mid- 
dleton,  Grant,  Loomis,  Maltbie,  Cooley,  Vance,  Churchill, 
Condell,  Havens,  Bartlett,  Holcomb,  Sperry,  Bissell,  W.  H. 
Hall,  Willard,  D.  E.  Phelps,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  R  Woodward,  Fisk,  McMahon, 
Stevens,  Griswold,  Webb,  Meigs,  Lines,  Wallace,  Ford, 
Marks,  S.  J.  Bryant,  Davis,  Hotchkiss,  Wooster,  Eussell, 
Kendrick,  Upson,  Bishop. 

New  London  County.  —  Messrs.  AValler,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Killeen,  J.  F.  Brown,  Huntington,  Frink,  Hinck- 
ley, C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, Jennings,  Perry,  Whitlock,  Shelton,  Mead,  Wanzer, 
C.  H.  Northrop,  A.  B.  Woodward,  Seymour,  Barnes,  Merritt, 
O.  Hall. 

Windham  County.  —  Messrs.  Fitts,  L.  JST.  Clark,  Groes- 
beck,  Latham,  Burnham,  Somes,  Milner,  Elliott,  Waldo, 
Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Beardsley,  Whittlesey,  J.  F. 
Smith,  C.  H.  Smith,  Crofut,  D.  T.  Warner,  Kirby,  Etheridge, 
Strong,  Brinsmade,  Woolson. 


802  JOURNAL    OF    THE    COXSTITUTIOXAL    COXVENTIOX. 

Middlesex  County. — Messrs.  D.  W.  Xorthrop,  G.  M. 
Clark,  Coe,  Hubbard,  Purple,  Nettleton,  Terrill,  ^^\  H. 
Smith,  Hale,  UHommedieu,  Post. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Collins, 
Charter,  Storrs,  Pinney,  Phelps,  W.  H.  Hall.' 

Those  absent  and  not  answering  were  : 

Hartford  County.  —  Messrs.  Jarvis,  Pierce,  Kedfield,  Mil- 
ler, Cheney. 

New  Haven  County.  —  Messrs.  A.  E.  Smith,  Merwin, 
Whittemore. 

Xew  London  County.  —  Messrs.  Bromley,  Raymond,  Mor- 
gan, Riley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  E.  H.  :N^orthrop,  Bell,  R.  J. 
Walsh,  Sanford,  Stagg,  Gorham,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Evans,  Elunt. 

Litchfield  County.  —  Messrs.  Hayes,  Kellogg,  Wright,  Ely, 
O'Connor,  Camp,  Fyler,  Curtiss. 

Middlesex  County.  —  Messrs.  Markham,  Brothwell,  Pel- 
ton,  Blake. 

Tolland  County.  —  Messrs.  Xewcomb,  Hawkins,  Porter,, 
Keeney,  Kinney,  W.  H.  Hall. 

Whole  number  answering,     ....   125 
Number  absent  and  not  answering,  .  .  .43 

The  President  stated  that  the  resolution  pending  before  the 
Convention  when  it  adjourned  on  Wednesday  was  Conven- 
tion Resolution  Xo.  44-,  offered  by  the  delegate  from  New 
London,  concerning  the  creation  of  private  corporations,  and 
that  the  resolution  was  now  before  the  Convention  for  action. 

Mr.  Warner  of  Salisbury  moved  that  the  resolution  be 
tabled. 

The  motion  prevailed. 


JOURNAL    OF    THE    CONSTITUTION.AX    CONVENTION.  303 

CONVENTION   RESOLUTIONS. 

Convention  Resolution  ISTo.  208.  Mr.  Fisk  of  Branford  in- 
troduced a  resolution  providing  that  each  town  shall  have 
full  and  entire  control  of  their  domestic  affairs  which  directly 
concern  them  only. 

The  resolution  Avas  tabled. 

Mr.  Warner  of  Salisbury  moved  that  the  Convention  recon- 
sider its  action  in  passing  Convention  Resolution  ISTo.  49,  a 
resolution  concerning  civil  appointments  by  the  Governor. 

The  motion  to  reconsider  was  discussed  by  Messrs.  "Warner 
of  Salisbury,  Osborn  of  ]^ew  Haven,  Waller  of  I^ew  London, 
Etheridge  of  Thomaston,  Webb  of  Hamden,  and  I^orthrop  of 
Middletown. 

The  motion  to  reconsider  did  not  prevail. 

Convention  Resolution  No.  209.  Mr.  Warner  of  Salis- 
bury introduced  a  resolution  providing  that  the  Convention 
adopt  Article  Seventh  as  it  appears  in  File  No.  23,  as  a  part 
of  the  proposed  Constitution. 

Mr.  Perry  of  Fairfield  moved  to  amend  by  Schedule  "  D." 

The  motion  to  amend  was  discussed  by  Mr.  Perry  of 
Fairfield. 

Mr.  Etheridge  of  Thomaston  moved  to  amend  by  Schedule 
"  E.." 

The  motion  to  amend  by  Schedule  "E"  did  not  prevail. 

The  motion  to  amend  by  Schedule  "  D  "  prevailed. 

The  resolution  adopting  Article  Seventh  as  amended  then 
prevailed  by  a  rising  vote. 

The  vote  was  as  follows : 

Whole  number  voting,  .  .  .  .  .105 

Necessary  for  passage,  .  .  .  .  .85 

Those  voting  Yes,  .         .         .         .105 

Those  voting  No,  ....        0 

Mr.  Perry  of  Fairfield  moved  that  the  Convention  rec(!ii- 
sider  its  action  in  adopting  Article  Seventh  as  amended. 


304  JOUEXAL    OF    THE    COXSTITUTIOXAL    COXVEXTION. 

The  motion  was  discussed  by  Messrs.  Perry  of  Fairfield, 
Davenport  of  Bridgeport,  Brown  of  Norwich,  and  Loomis  of 
Glastonbury, 

The  motion  to  reconsider  prevailed. 

The  vote  was  as  follows : 

Whole  number  voting,  .....     68 

Necessary  for  passage,  .  .  .  .  .35 

Those  voting  Yes,  .         .         .         .64 

Those  voting  No,  ....        4 

Mr.  Warner  of  Salisbury  raised  the  point  of  order  that  as  it 
required  eighty-five  votes  to  adopt  the  article  as  amended,  it 
should  require  eighty-five  votes  in  the  affirmative  to  have  the 
motion  to  reconsider  prevail. 

The  President  ruled  that  the  point  of  order  was  not  well 
taken. 

Mr.  Loomis  of  Glastonbury  appealed  from  the  ruling  of  the 
President. 

By  the  consent  of  the  President  the  appeal  was  discussed  by 
Messrs,  Loomis  of  Glastonbury,  Collins  of  Columbia,  Smith 
of  Winchester,  Osborn  of  New  Haven,  and  Northrop  of  Mid- 
dletown. 

Mr.  Fisk  of  Branford  raised  the  point  of  order  that  Article 
Seventh,  having  been  once  reconsidered,  could  not  according 
to  the  rules  be  reconsidered  again. 

The  President  ruled  that  the  point  of  order  could  not  be 
entertained  until  the  pending  appeal  from  the  ruling  of  the 
President  w^as  disposed  of. 

The  appeal  from  the  ruling  of  the  President  was  not  sus- 
tained by  the  Convention. 

Mr.  Perry  of  Fairfield  moved  to  amend  by  Schedule  "  D." 

The  motion  prevailed. 

Mr.  Perry  of  Fairfield  moved  to  amend  by  Schedule  "  F." 

The  motion  prevailed. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  306 

Mr.  Perry  of  Fairfield  moved    the    adoption    of    Article 
Seventh  as  it  appears  in  File  Xo.  23,  as  amended. 
The  motion  prevailed  by  a  rising  vote. 

The  vote  was  as  follows : 

Whole  number  voting,  .  .  .  .  .92 

Necessary  for  passage,  .  .  .  ,  .85 

Those  voting  Yes,  .  .  .  .92 

Those  voting  No,  ....        0 

The  following  are  the  amendments : 

Schedule  "  D." 

In  Section  1,  line  15,  and  Section  2,  line  2,  strike  out  the 
words  "  of  Christians." 

In  Section  1,  line  14,  and  Section  2,  line  2,  before  the  word 
^'  society,"  insert  the  word  "  religious." 

Schedule  "  F." 

In  Section  1,  line  23,  before  the  words  "  in  any  other  man- 
ner," insert  the  following :  "  by  funds  obtained,"  and  between 
the  words  "  other  "  and  "  manner  "  insert  the  word  "  lawful." 

The  following  is  the  Article  adopted,  as  amended : 
Article  Seventh. 

OF  EELIGIOX. 

Section  1.  It  being  the  duty  of  all  men  to  worship  the 
Supreme  Being,  the  Great  Creator  and  Preserver  of  the  Uni- 
verse, and  their  right  to  render  that  worship  in  the  mode 
most  consistent  with  the  dictates  of  their  consciences,  no  per- 
son shall  by  law  be  compelled  to  join  or  support,  nor  be  classed 
with,  or  associated  to,  any  congregation,  church,  or  religious 
association.  But  every  person  now  belonging  to  such  congre- 
gation, church,  or  religious  association  shall  remain  a  member 
c.  c— 20 


306  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION, 

thereof  until  he  shall  have  separated  himself  therefrom,  in 
the  manner  hereinafter  provided.  And  each  and  every  re- 
ligious society  or  denomination  in  this  State  shall  have  and 
enjoy  the  same  and  equal  powers,  rights,  and  privileges;  and 
shall  have  power  and  authority  to  support  and  maintain  the 
ministers  or  teachers  of  their  respective  denominations,  and  to 
build  and  repair  houses  for  public  worship,  by  a  tax  on  the 
members  of  any  such  society  only,  to  be  laid  by  a  major  vote 
of  the  legal  voters  assembled  at  any  society  meeting,  warned 
and  held  according  to  law,  or  by  funds  obtained  in  any  other 
lawful  manner. 

Sec.  2.  If  any  person  shall  choose  to  separate  himself  from 
the  religious  society  or  denomination  to  which  he  may  belong, 
and  shall  leave  a  written  notice  thereof  with  the  clerk  of  such 
society,  he  shall  thereupon  be  no  longer  liable  for  any  future 
expenses  which  may  be  incurred  by  said  society. 

REPORT    OF    A    COMMITTEE. 

Convention  Resolution  No.  41.  (See  Convention  Journal, 
January  8th.)  Mr.  Merritt  of  Stamford,  chairman  of  the 
committee  appointed  to  consider  and  report  on  Article  Fifth 
of  the  Judicial  Department  of  the  proposed  Constitution,  pre- 
sented the  following  resolution.  Convention  Resolution  No. 
41,  a  resolution  that  the  jurisdiction  of  the  Supreme  Court  of 
Errors  shall  extend  to  errors  ooth  of  law  and  fact,  as  a  ma- 
jority report  of  said  committee  recommending  that  the  same 
be  adopted  by  the  Convention. 

The  report  is  as  follows  : 

The  section  proposed  by  File  No.  79  is  intended  to  cover 
the  same  point  as  was  covered  by  section  7  of  chapter  174  of 
the  Public  Acts  of  1893,  which  is  as  follows : 

"  Sec.  7.  Either  party  may  appeal,  from  any  finding  or 
refusal  to  find  any  fact,  to  the  Supreme  Court  of  Errors  in  the 
manner  now  by  law  provided." 


JOUKNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  307 

This  same  subject  was  again  the  subject  of  legislation  in 
the  acts  of  1897,  chapter  194,  section  10,  in  which  it  is  pro- 
vided : 

"  Sec.  10.  Every  such  exception  may  be  assigned  as  a 
reason  of  appeal,  and  the  Supreme  Court  of  Errors  shall  re- 
view all  questions  of  fact  raised  by  such  appeals,  and  if  it  ap- 
pears that  the  finding  of  the  court  does  not  present  the  ques- 
tions of  law  decided  by  the  trial  court,  said  Supreme  Court  of 
Errors  shall  correct  said  finding.  And  if  the  Supreme  Court 
of  Errors  shall  find  that  material  facts  have  been  found  against 
the  evidence,  or  without  evidence,  or  material  facts  have  been 
proved  and  not  found,  the  court  shall  grant  a  new  trial." 

With  regard  to  the  act  of  1893  the  supreme  court  held  that 
it  could  not  under  the  Constitution  review  questions  of  fact. 
The  syllabus  of  the  case  of  Styles  vs.  Tyler,  64  Conn.,  432, 
is  as  follows : 

"  The  Supreme  Court  of  Errors,  as  established  by  the  Con- 
stitution of  this  state,  is  a  court  of  last  resort  for  the  correction 
of  errors,  and  its  jurisdiction  as  described  in  the  Constitution 
relates  to  the  determination  of  principles  of  law,  and  not  to 
the  trial  or  retrial  of  pure  questions  of  fact. 

"  In  view  of  such  jurisdiction,  Chapter  174  of  the  Public 
Acts  of  1893  cannot  be  construed  as  requiring  this  court  to 
determine,  upon  evidence  spread  upon  the  record,  questions 
of  pure  fact  settled  by  the  judgment  of  the  trial  court." 

The  decision  in  this  case  was  by  a  bare  majority  of  the 
court,  while  two  dissented.  Erom  the  dissenting  opinion  of 
Judge  Baldwin  we  take  the  following  extract  as  giving  a 
clear  historical  statement  of  the  question  involved : 

It  is  asserted  in  the  opinion  of  the  court  that  the  creation 
of  a  Supreme  Court  of  Errors  in  1874  "  w^as  the  deliberate 
adoption  into  our  system  of  judicature  of  the  fundamental 
principle,  which  has  ever  since  characterized  it,  that  the  cer- 
tainty of  our  jurisprudence  as  well  as  the  security  of  parties 
litigant  depends  upon  confining  the  jurisdiction  of  a  court 


308  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

of  last  resort  to  the  settlement  of  rules  of  law;  "  or,  as  it. is 
elsewhere  phrased,  "  the  underlying  principle  involved  was 
that  the  administration  of  justice  is  not  safe  when  the  court 
of  last  resort  for  the  settlement  of  the  law,  in  the  exercise 
of  an  absolute  and  final  power,  can  render  judgment  on  facts 
and  law  so  intermingled  that  its  decision  is  not  simply  the 
declaration  of  the  law  but  may  become  the  arbitration  of  the 
case."  This  principle,  it  is  affirmed,  was  incorporated  in  our 
Constitution  by  force  of  the  name  given  to  this  court,  because 
it  "  expressed  the  conviction  of  the  people  that  a  jurisdiction 
of  mixed  law  and  fact  vested  in  any  court  of  last  resort,  ex- 
ercising a  supreme  and  uncontrolled  power,  was  inconsistent 
with  a  sound  system  of  jurisprudence  and  was  dangerous  to 
the  administration  of  justice."  But  the  framers  of  our  Con- 
stitution were  familiar  with  the  practice  of  English  chancery, 
as  well  as  with  that  in  the  courts  of  the  United  States.  A 
party  aggrieved  by  a  decree  of  the  Lord  Chancellor  could  al- 
ways appeal,  and  have  his  case  reheard  on  the  same  evidence 
in  the  House  of  Lords.  2  Madd.  Ch.,  435.  In  chancery 
only  were  the  facts  determined  by  the  court,  and  while  Eng- 
land was  content  to  make  the  verdict  of  a  jury  final,  in  ordi- 
nary cases,  it  refused  from  the  first  to  accord  similar  respect 
to  the  findings  of  any  single  judge.  The  Judiciary  Act  of 
the  United  States,  adopted  by  Congress  in  1789,  and  which 
was  largely  the  work  of  one  of  the  greatest  lawyei*s  and  judges 
of  Connecticut,  Oliver  Ellsworth,  followed  in  the  same  lines, 
by  restricting  the  appellate  jurisdiction  of  the  Supreme  Court, 
in  actions  at  law,  to  the  remedy  by  writ  of  error,  while  giving 
a  general  appeal  from  final  decrees  in  equity  or  admiralty.  In 
1Y96  Ellsworth,  as  Chief  Justice  of  the  Supreme  Court  of  the 
United  States,  referred  to  this  distinction  as  to  the  right  of  re- 
view, in  these  words :  "  An  appeal  is  a  process  of  civil  law 
origin,  and  removes  a  cause  entirely;  subjecting  the  fact  as 
well  as  the  law,  to  a  review  and  re-trial;  but  a  writ  of  error  is 
a  process  of  common  law  origin,  and  it  removes  nothing  for  re- 


JOUKNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


309 


exainiiiation  but  the  law."     "VViscart  vs.  Dauchy,  3  Dallas, 
327. 

Pierpont  Edwards,  the  chairman  of  the  committee  ap- 
pointed by  the  Convention  of  1818  to  report  a  draft  of  a 
Constitution,  and  who,  as  such,  reported  this  article  as  to  the 
judiciary,  was,  at  the  time,  the  judge  of  the  District  Court 
of  the  United  States  for  this  district.  Stephen  Mix  Mitchell, 
William  Bristol,  Nathan  Smith,  Alexander  Wolcott  (who  had 
been  nominated  by  President  Madison  a  few  years  before  as 
an  associate  justice  of  the  Supreme  Court  of  the  United 
States),  William  Hungerford,  John  S.  Peters,  and  others 
familiar  with  the  practice  in  the  Federal  courts,  were  mem- 
bers of  the  convention.  Then,  as  now,  this  mode  of  re-hear- 
ing equity  causes  in  those  courts,  on  appeal,  upon  both  fact 
and  law,  was  familiar  and  acceptable  to  the  bar.  It  was  sel- 
dom that  the  appellate  court  differed  from  the  trial  court  in 
its  conclusions  of  fact,  and  only  when  they  were  deemed  to 
be  clearly  against  the  weight  of  evidence.  For  over  a  century 
the  Supreme  Court  of  the  United  States  has  exercised  this 
"  jurisdiction  of  mixed  law  and  fact,"  in  a  large  and  import- 
ant class  of  causes,  with  "  supreme  and  uncontrolled  power," 
and  Congress  has  recently  given  similar  powers  to  the  Circuit 
Courts  of  Appeals.  I  cannot  believe  that  the  Convention  of 
1818  was  convinced  that  the  existence  of  such  a  jurisdiction 
"  was  inconsistent  wath  a  sound  system  of  jurisprudence,  and 
was  dangerous  to  the  administration  of  justice." 

Similar  legislation  to  that  of  the  United  States  has  been 
had  (following  the  English  chancery  practice)  in  many  of  our 
States,  and  has  occasioned  no  inconvenience  which  has  not 
been  thought  to  be  outweighed  by  the  advantages  gained. 
Eeed  vs.  Keed,  114  Mass.,  372;  Baird  vs.  Mayor,  96  N.  Y., 
567;  Worrall's  Appeal,  110  Pa.  State,  349;  1  Atlantic  Rep., 
380;  Deacon  vs.  Van  Xuys,  129  Ind.,  580;  28  Northeastern 
Rep.,  865;  Baker  vs.  Rockabrand,  118  Ills.,  365;  8  North- 
eastern Rep.,  546;  Code  of  Iowa,  Sec.  2472;  See  also  Public 
Statutes  of  R.  I.,  Rev.  of  1882,  p.  526,  Sec.  8. 


310  JOURNAL    or    THE    COXSTITUTIOXAL    CONVENTIOX. 

The  opinion  of  the  court  declares  that  "  the  Supreme 
Court  of  Errors  is  not  a  supreme  court  for  all  purposes,  but  a 
supreme  court  only  for  the  correction  of  errors  in  law;  if  its 
jurisdiction  also  included  the  determination  of  facts,  it  would 
then  be  supreme  for  all  purposes,  and  its  name  a  misnomer." 
This  seems  to  me  to  confuse  a  jurisdiction  for  the  determina- 
tion of  facts  with  a  jurisdiction  for  the  determination  of  errors 
of  fact.  If  a  trial,  court  comes  to  erroneous  conclusions  of 
fact,  the  revision  of  its  action,  bj  correcting  the  errors  in  its 
conclusions,  is  a  determination  of  the  facts,  only  as  a  mode 
of  the  redress  of  errors.  In  many  cases,  indeed,  a  finding  of 
fact  may  be,  of  itself,  an  error  of  law.  It  is  so  when  it  is 
made  w^ithout  any  evidence  of  the  fact,  as  to  matters  not  the 
subject  of  judicial  notice.  The  E.  A.  Packer,  140  U.  S., 
360;  Mason  vs.  Lord,  40  K  Y.,  476.  And  to  refuse  to  find 
a  material  fact  which  was  in  issue  and  was  proved  by  uncon- 
tradicted evidence,  is  also  an  error  of  law.  U.  S.  vs.  Adams, 
9  Wall.,  661;  Commercial  Union  Assurance  Co.  vs.  Scam- 
mon,  126  Ills.,  355;  18  Northeastern  Eep.,  562;  Whitman  vs. 
Winchester  Repeating  Arms  Co.,  55  Conn.,  247;  Kennedy 
vs.  Porter,  109  X.  Y.,  526;  17  Northeastern  Rep.,  426;  Bed- 
low  vs.  N.  Y.  Floating  Dry  Dock  Co.,  112  N.  Y.,  263;  19 
Northeastern  Rep.,  800;  Eernald  vs.  Bush,  131  Mass.,  591. 

The  law  as  stated  by  the  majority  of  the  court  has  since 
been  reaffirmed  and  may  now  be  considered  as  the  settled  law 
of  this  State,  namely,  that  the  Supreme  Court  will  not  review 
a  case  on  a  question  of  fact. 

The  situation  thus  is  that  difiicult  and  important  questions 
of  fact  are  tried  before  one  man,  and  his  decision  is  absolutelv 
final,  with  no  review  whatsoever. 

This  practice  is  at  least  unusual,  for  it  does  not  exist  either 
in  England  or  in  the  United  States  courts,  or  so  far  as  the 
committee  is  aware,  in  the  practice  of  any  of  the  States  of  this 
Union. 

Inasmuch  as  in  the  practice  of  this  State  more  than  the 


JOURNAL    OF    THE    CONSTITUTIOIVAL    CONVENTIOX. 


311 


usual  number  of  cases  are  tried  before  the  judge  alone,  it  ap- 
pears to  be  more  than  usually  important  that  an  appeal  shall 
lie  to  some  court,  so  that  the  conclusions  of  fact,  which  are 
in  many  cases  the  principal  questions,  should  be  capable  of 
review. 

It  is  shown  by  our  reports  that  a  large  proportion  of  cases 
decided  by  judges  are  reversed  for  errors  in  law. 

These  questions  of  law  are  no  more  difficult  or  intricate 
than  many  questions  of  fact,  and  a  judge  is  just  as  liable  to 
make  error  in  findings  of  fact  as  he  is  in  findings  of  law,  and 
the  same  reasons  of  justice  require  that  his  conclusions  on 
questions  of  fact  should  be  reviewable  on  appeal. 

Your  committee  therefore  recommend  the  adoption  of  the 
resolution. 

By  order  of  the  committee  (the  delegate  from  Vernon  not 
concurring). 

SCHUYLER  MERRITT,  Chairman. 

On  motion  of  Mr.  Merritt  of  Stamford,  the  report  was 
tabled,  and  ordered  printed  in  the  Journal. 

CONVENTION    RESOLUTION. 

Convention  Resolution  Xo.  210.  Mr.  Warner  of  Salis- 
bury introduced  a  resolution  adopting  Article  Sixth  of  the 
present  Constitution,  concerning  the  qualifications  of  electors, 
as  a  part  of  the  proposed  Constitution. 

The  resolution  was  discussed  by  Messrs.  Davenport  of 
Bridgeport,  Waller  of  ISTew  London,  and  Clark  of  Haddam. 

The  resolution  was  then  passed  by  a  rising  vote. 

The  vote  was  as  follows: 

Whole  number  voting,  .               .          .  .113 

Necessary  for  passage,  .  .          .          .  .85 

Number  voting  Yes,  .          .          .  110 

Number  voting  No,  ...  3 


312  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

The  following  is  the  Article  adopted: 
Article  Sixth. 

OF  THE  qualificatio:n^s  of  electors. 

Section  1.  All  persons  who  have  been,  or  shall  hereafter, 
previous  to  the  ratification  of  this  Constitution,  be  admitted 
freemen,  according  to  the  existing  laws  of  this  State,  shall  be 
electors. 

Sec.  2.  Every  male  citizen  of  the  United  States  who  shall 
have  attained  the  age  of  twenty-one  years,  who  shall  have 
resided  in  this  State  for  a  term  of  one  year  next  preceding, 
and  in  the  town  in  which  he  may  offer  himself  to  be  admitted 
to  the  privileges  of  an  elector,  at  least  six  months  next  preced- 
ing the  time  he  may  so  offer  himself,  and  shall  be  able  to  read 
ill  the  English  language  any  article  of  the  Constitution  or  any 
section  of  the  Statutes  of  this  State,  and  shall  sustain  a  good 
moral  character,  shall,  on  his  taking  such  oath  as  may  be  pre- 
scribed by  law,  be  an  elector. 

Sec.  3.  The  privileges  of  an  elector  shall  be  forfeited  by 
a  conviction  of  bribery,  forgery,  perjury,  duelling,  fraudu- 
lent bankruptcy,  theft,  or  other  offense  for  which  an  infamous 
punishment  is  inflicted.  But  the  General  Assembly  shall 
have  power,  by  vote  of  two-thirds  of  the  members  of  both 
branches,  to  restore  the  privileges  of  an  elector  to  those  who 
may  have  forfeited  the  same  by  a  conviction  of  crime. 

Sec.  4.  Every  elector  shall  be  eligible  to  any  office  in  this 
State,  except  in  cases  provided  for  in  this  Constitution. 

Sec.  5.  The  selectmen  and  town  clerk  of  the  several  towns 
shall  decide  on  the  qualifications  of  electors,  at  such  times  and 
in  such  manner  as  may  be  prescribed  by  law. 

Sec.  6.  Laws  shall  be  made  to  support  the  privilege  of  free 
suffrage,  prescribing  the  manner  of  regulating  and  conduct- 
ing meetings  of  the  electors,  and  prohibiting,  under  adequate 
penalties,  all  under  influence  therein,  from  power,  bribery, 
tumult,  and  other  improper  conduct. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  313 

Sec.  7.  In  all  elections  of  officers  of  the  State,  or  members 
of  the  General  Assembly,  the  votes  of  the  electors  shall  be 
by  ballot. 

Sec.  8.  At  all  elections  of  officers  of  the  State,  or  members 
of  the  General  Assembly,  the  electors  shall  be  privileged  from 
arrest  during  their  attendance  upon  and  going  to  and  return- 
ing from  the  same,  on  any  civil  process. 

Mr.  Warner  of  Salisbury  moved  to  take  from  the  table 
Coaivention  Resolution  No,  44,  a  resolution  concerning  the 
creation  of  private  corporations. 

The  motion  prevailed. 

The  resolution  was  discussed  by  Messrs.  Brown  of  Norwich 
and  Guilfoile  of  Waterbury. 

Mr.  Warner  of  Salisbury  moved  to  amend  by  Convention 
Resolution  No.  211,  a  resolution  concerning  the  creation  of 
private  corporations  under  a  general  law. 

Mr.  Warner  of  Salisbury  moved  that  his  amendment  be 
tabled  and  printed  for  the  files. 

The  motion  prevailed. 

On  motion  of  Mr.  Bryant  of  East  Hartford,  the  Conven- 
tion, at  1.10  o'clock  P.  M.,  adjourned,  to  meet  on  Tuesdav, 
April  8th,  at  12.30  o'clock  P.  M. 


314 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Tuesday,  April  8,  1902. 

The  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  oilered  by  the  Chaplain,  the  Kev.  William 
Martin  Brown  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention.- 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Middleton, 
Loomis,  Miller,  Cooley,  Churchill,  Condell,  Havens,  Bartlett, 
Holcomb,  Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E.  Phelps, 
Healy. 

Xew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  Fisk,  A.  E.  Smith,  McMahon,  Stevens,  Griswold, 
Webb,  Meigs,  Lines,  AYallace,  Ford,  Marks,  S.  J.  Bryant, 
Davis,  Hotchkiss,  Wooster,  Kendrick,  Russell. 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Bromley,  Killeen,  J.  F.  Brown,  Frink,  Hinck- 
ley, E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  E.  H. 
N'orthrop,  Bell,  Jennings,  Perry,  Whitlock,  Shelton,  Mead, 
Wanzer,  C.  H.  Northrop,  A.  B.  Woodward,  Sanford,  Sey- 
mour, Barnes,  Merritt,  Stagg,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  L.  N.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott,  Waldo, 
Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Whit- 
tlesey, J.  F.  Smith,  O'Connor,  Camp,  C.  H.  Smith,  Crofut, 
D.  T.  Warner,  Kirby,  Etheridge,  Fyler,  Strong,  Brinsmade, 
Woolson,  Curtiss. 


.TOURXAL    OF    THE    COXSTITUTIOXAL    CONVE]\'TION.  315 

Middlesex  County. — Messrs.  D.  W.  Xorthrop,  G.  M. 
Clark,  Pelton,  Coe,  Hubbard,  Purple,  Blake,  N'ettleton,  'J'er- 
rill,  Hale,  L'Hommedieu,  Post. 

Tolland  Countv.  —  Messrs.  Skinner,  Sumner,  Collins, 
Charter,  Porter,  Storrs,  Pinney. 

Those  absent  and  not  answering  were : 

Hartford  County.  —  Messrs.  Pierce,  Dickinson,  Grant, 
Redfield,  Maltbie,  Cheney,  Vance. 

New  Haven  County.  —  Messrs.  A.  D.  Warner,  S.  R. 
Woodward,  Merwin,  Whittemore,  Upson,  Bishop. 

jSTew  London  County.  —  Messrs.  Raymond,  Huntington, 
Morgan,  Riley. 

Fairfield  County.  —  Messrs.  Dempsey,  R.  J.  Walsh,  O. 
Hall,  Gorham. 

Windham  County. —  Messrs.  Boss,  Evans,  Hunt,  Chandler. 

Litchfield  County.  —  Messrs.  Hayes,  Beardsley. 

Middlesex  County.  —  Messrs.  Markham,  Brothwell,  W. 
H.  Smith. 

Tolland  County.  —  Messrs.  !N'ewcomb,  Hawkins,  Iveeney, 
Kinney,  Phelps,  W.  H.  Hall. 

Whole   number  answering,    ....   130 
ISTumber  not  answering,  .  .  ,  ,38 

The  President  stated  that  the  resolution  pending  before  the 
Convention  when  it  adjourned  on  Thursday  was  Convention 
Resolution  No.  44,  offered  by  the  delegate  from  New  Lon- 
don, concerning  the  creation  of  private  corporations,  and  that 
a  motion  by  Mr.  Warner  of  Salisbury  to  amend  the  resolution 
by  Convention  Resolution  No,  211,  was  now  before  the  Con- 
vention for  action. 

Mr.  Osborn  of  Nfew  Haven  moved  that  the  resolution  be 
tabled. 

The  motion  prevailed. 

Mr.  Osborn  of  New  Haven    introduced    two    resolutions 


316  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

adopted  by  a  Republican  city  convention  in  New  Haven,  and 
moved  that  the  first  of  the  two  resolutions,  Convention  Reso- 
lution Xo,.  212  be  printed. 

The  motion  was  discussed  by  Messrs.  Osborn  of  New  Haven 
and  Warner  of  Salisbury. 

The  motion  prevailed. 

Convention  Resolution  JSTo.  44.  (See  Convention  Journal, 
April  8th.)  A  resolution  concerning  the  creation  of  private 
corporations,  was  taken  from  the  table,  on  motion  of  Mr. 
Waller  of  New  London. 

Mr.  Waller  of  New  London  moved  to  amend  the  amend- 
ment by  Schedule  "  B." 

The  amendment  was  discussed  by  Messrs.  Brown  of  Nor- 
wich, Clark  of  Haddam,  Walsh  of  Ansonia,  Warner  of  Salis- 
bury, Fisk  of  Branford,  Davenport  of  Bridgeport,  Webb  of 
Hamden,  Clark  of  Hartford,  and  Sperry  of  South  Windsor. 

[Mr.  Clark  of  Hartford  in  the  Chair.] 

The  amendment  was  further  discussed  by  Mr.  Waller  of 
New  London. 

On  motion  of  Mr.  Strong  of  Warren,  the  Convention,  at 
4.35  o'clock  P.  M.,  adjourned,  to  meet  on  Wednesday,  at  11 
o'clock  A.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


317 


Wednesday,  April  9,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Kev.  Charles  H. 
Smith  of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W,  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Loomis,  Maltbie,  Miller,  Cooley, 
Churchill,  Condell,  Havens,  Bartlett,  Holcomb,  Sperry,  Bis- 
sell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

ISTew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  E.  Woodward,  Fisk,  A.  E.  Smith, 
Stevens,  Griswold,  Meigs,  Lines,  Wallace,  Eord,  Marks,  S.  J. 
Bryant,  Davis,  Hotchkiss,  Wooster,  Kussell,  Kendrick, 
Upson. 

'New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Bromley,  Killeen,  J.  F.  Brown,  Huntington, 
Frink,  Riley,  Hinckley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  ISTorthrop,  Bell,  Jennings,  Perry,  Whitlock, 
Shelton,  Mead,  Wanzer,  C.  H.  Northrop,  A.  B.  Woodward, 
Sanford,  Seymour,  Barnes,  Merritt,  Stagg,  O.  Hall,  Wake- 
man,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Fitts,  L.  X. 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Chandler,  Bowen. 


318 


JOUKNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beardsley, 
Whittlesey,  J.  F.  Smith,  O'Connor,  C.  H.  Smith,  Crofiit,  D. 
T.  Warner,  Kirby,  Etheridge,  Eyler,  Strong,  Brinsraade, 
Woolson,  Cnrtiss. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Coe,  Hubbard,  Purple,  I^ettleton,  W.  H.  Smith,  Hale, 
Post. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Collins, 
Charter,  Porter,  Storrs,  Keeney,  Pinney,  W.  H.  Hall. 

Those  absent  and  not  answering  were : 

Hartford    County.  —  Messrs.    Piedfield,    Cheney,    Vance. 

New  Haven  County. — Messrs.  McMahon,  Webb,  Mer- 
win,  AVhittemore,  Bishop. 

Nfcw  London  County.  —  Messrs.  Raymond,  Morgan. 

Fairfield  County.  —  Messrs.  R.  J.  AValsh,  Gorham. 

AVindham   County.  —  Messrs.   Evans,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Mallett,  Camp. 

Middlesex  County.  —  Messrs.  Markham,  Brothwell,  Pel- 
ton,  Blake,  Terrill,  L'Hommedieu. 

Tolland  County.  —  Messrs.  New^comb,  Hawkins,  Kinnev, 
Phelps. 

Whole   number   answering,    ....   141 
Those  absent  and  not  answering,  .  .  .27 

The  President  stated  that  the  resolution  pending  before 
the  Convention  when  it  adjourned  on  Tuesday  w\as  Conven- 
tion Resolution  No.  44  offered  by  the  delegate  from  New 
London  concerning  the  creation  of  private  corporations,  and 
that  two  amendments  were  now  pending  to  the  resolutions: 
Schedule  "  A  "  offered  by  the  delegate  from  Salisbury  and 
Schedule  "  B  "  offered  by  the  delegate  from  New  London,  and 
that  the  immediate  question  before  the  Convention  was  on  the 
passage  of  the  amendment  Schedule  "  B." 


JOUKXAL    OF    THE    CONSTITUTIONAL    CONVENTION.  319 

The  amendment  Avas  discussed  by  Mr.  AValler  of  New 
London. 

By  unanimous  consent  Mr.  Waller  of  Xew  London  sub- 
stituted an  amendment  for  the  one  previously  offered  by  him 
as  Schedule  "  B." 

Mr.  Perry  of  Fairfield  introduced  a  proposed  amendment, 
Schedule  ''  C,"  and  moved  that  it  be  tabled. 

The  motion  prevailed. 

Mr.  Perry  of  Fairfield  moved  that  the  resolution,  to- 
gether with  the  various  amendments  and  the  entire  subject  of 
special  legislation,  be  referred  to  a  committee  of  nine,  who 
shall  report  thereon  not  later  than  Tuesday,  April  15th,  at 
1  o'clock  P.  M. 

The  motion  was  discussed  by  Messrs.  Clark  of  Haddam, 
Loomis  of  Glastonbury,  Milner  of  Plainfield,  Strong  of  War- 
ren, Warner  of  Salisbury,  Osborn  of  ISTew  Haven,  and  Perry 
of  Fairfield. 

The  motion  prevailed. 

Mr.  Davenport  of  Bridgeport  moved  that  Convention  Reso- 
lution Xo.  69,  a  resolution  classifying  the  several  cities  of  the 
State,  and  providing  for  charters  applicable  to  the  several 
classes,  be  taken  from  the  table,  and  referred  to  the  com- 
mittee just  raised. 

The  motion  prevailed. 

Mr.  Merritt  of  Stamford  moved  that  the  report  of  the  com- 
mittee appointed  to  consider  and  report  on  Article  Fifth  of  the 
Judicial  Department,  Convention  Resolution  ISTumber  41, 
a  resolution  concerning  the  jurisdiction  of  the  Supreme  Court, 
be  made  the  Order  of  the  Day  for  this  Wednesday  afternoon 
at  2  o'clock  P.  M. 

The  motion  prevailed. 

Mr.  Merritt  of  Stamford,  at  1.40  o'clock  P.  M.,  moved 
that  the  Convention  take  a  recess  until  2  o'clock  P.  M. 

The  motion  prevailed. 


320  .lOl'KXAL    01"'    THE    CONSTITUTIOX AL    CONVENTION. 


Wednesday  afternoon,  April  9,  1902. 

The  Convention  was  called  to  order  at  2  o'clock  P.  M.,  the 
President  in  the  Chair. 

APPOINTMENT   OF    A   COMMITTEE. 

The  President  announced  the  appointment  of  the  following 
committee  to  consider  and  report  on  the  entire  subject  of 
special  legislation. 

Messrs.  I^orthrop  of  Middletown,  chairman, 
Holcomb  of  Southington, 
Webb  of  Hamden, 
Cheney  of  Manchester, 
Curtiss  of  Woodbury, 
Pinney  of  Stafford, 
Brown  of  Griswold, 
Boss  of  Windham, 
Sanford  of  Redding. 


■   [Vice-President  Peny  in  the  Chair.] 

ORDER  OF  THE  DAY  FOR  2  O'CLOCK  P.  M. 

Convention  Resolution  No.  41.  A  resolution  extending 
the  jurisdiction  of  the  Supreme  Court  of  Errors  to  errors  both 
of  law  and  fact. 

The  resolution  was  discussed  by  Messrs.  Merritt  of  Stam- 
ford, Davenport  of  Bridgeport,  Andrews  of  Litchfield,  Waller 
of  New  London,  and  Walsh  of  Ansonia. 

Mr.  Warner  of  Salisbury  moved  to  amend  by  Schedule 
"A." 


JOUKNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  321 

The  amendment  was  accepted  by  Mr.  Merritt  of  Stamford. 

The  resolution  as  amended  was  discussed  by  Messrs.  War- 
ner of  Salisbury,  Walsh  of  Ansonia,  Andrews  of  Litchfield, 
Brown  of  Xorwich,  Guilfoile  of  Waterbury,  and  Pierce  of 
Bristol. 

On  motion  of  Mr.  Merritt  of  Stamford,  the  previous  ques- 
tion was  ordered. 

The  amended  resolution  was  then  passed  by  a  rising  vote. 

The  vote  was  as  follows : 

Whole  number  voting,  .  .  .  .  .95 

^N^ecessary  for  passage,  .  .  .  .  .85 

Those  voting  Yes,  .  .  .  .89 

Those  voting  No,  ....         6 

The  amended  resolution  is  as  follows : 
Resolved  by  this  Convention : 

The  General  Assembly  may  ordain  and  establish  a  court 
or  tribunal,  composed  of  not  less  than  three  of  the  judges 
of  the  Superior  Courts,  to  review  and  pass  upon  errors  of  fact. 

CONVENTION    RESOLUTIONS. 

Convention  Eesolution  JSTo.  213.  Mr.  Waller  of  Xew 
London  introduced  a  resolution  providing  for  the  appoint- 
ment of  County  Commissioners. 

The  resolution  was  tabled,  on  motion  of  Mr.  Waller  of 
]^ew  London. 

Convention  Resolution  Xo.  214.  Mr.  Waller  of  Xew  Lon- 
don introduced  a  resolution  constituting  the  Governor,  Lieu- 
tenant-Governor, Secretary,  Treasurer,  and  Comptroller  as 
a  State  Board  of  Pardons. 

The  resolution  was  discussed  by  Mr.  Waller  of  New 
London. 

During  Mr.  Waller's  speech,  Mr.  Clark  of  Haddam  rose 
to  a  question  of  privilege,  and  moved  to  adjourn. 

c.  c— 21 


322  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

The  Vice-President  ruled  that  a  motion  to  adjourn  was 
not  a  question  of  privilege,  and  was  not  in  order  while  a  mem- 
ber was  speaking. 

[The  President  in  the  Chair.] 

RESIGNATION    FROM   A    COMMITTEE. 

Mr.  iS'orthrop  of  Middletown,  chairman  of  the  committee 
appointed  to  consider  and  report  on  special  legislation,  stated 
that  owing  to  business  reasons  Mr.  Cheney  of  Manchester  de- 
sired to  be  excused  from  serving  on  the  committee. 

Mr.  Waller  of  jSTew  London  moved  that  Mr.  Cheney's  re- 
quest be  granted,  and  that  he  be  excused  from  serving  on  the 
committee. 

The  motion  prevailed. 

The  President  appointed  Mr.  Bryant  of  East  Hartford  as  a 
member  of  the  committee  to  consider  and  report  on  special 
legislation. 

On  motion  of  Mr.  Clark  of  Haddam  the  Convention,  at 
4.05  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday  at  11 
o'clock  A.  M. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  323 


Thursday,  April  10,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A,  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  the  Rev.  William 
Martin  Brown  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County. — Messrs.  C.  H.  Clark,  Holmes,  W. 
M.  Brown,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S.  Bryant, 
Grant,  Loomis,  Maltbie,  Miller,  Cooley,  Churchill,  Condell, 
Havens,  Bartlett,  Holcomb,  Sperry,  W.  H.  Hall,  D.  E. 
Phelps,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  A.  D. 
Warner,  S.  E.  Woodward,  Eisk,  A.  E.  Smith,  McMahon, 
Stevens,  Griswold,  Meigs,  Lines,  Wallace,  Eord,  Marks,  S.  J. 
Bryant,  Davis,  Hotchkiss,  Russell,  Kendrick,  Upson,  Bishop. 

K'ew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  King,  A.  M.  Brown,  Bailey,  I.  Gillette,  AUyn, 
Bromley,  Killeen,  J.  F.  Brown,  Erink,  Riley,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  ^Northrop,  Bell,  Jennings,  Perry,  Shelton,  Wan- 
zer,  C.  H.  Xorthrop,  A.  B.  Woodward,  Sanford,  Seymour, 
Barnes,  Merritt,  Stagg,  O.  Hall,  Wakeman. 

Windham  County.  —  Messrs.  Fitts,  L.  N.  Clark,  Groes- 
beck,  Latham,  Burnham,  Somes,  Elliott,  Waldo,  Chandler, 
Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beards- 
ley,  Whittlesey,  J.  F.  Smith,  O'Connor,  C.  H.  Smith,  Crofut, 
D.  T.  Warner,  Kirby,  Etheridge,  Strong,  Brinsmade,  Wool- 
son,  Curtiss. 


324     JOURNAL  OF  THE  CO^'STITUTIO^^AL  CONVENTIO^^ 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Hubbard,  Purple,  Nettleton,  Terrill,  W.  H.  Smith, 
Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  NeAvcomb,  Skinner,  Sumner, 
Collins,  Charter,  Porter,  Storrs,  Pinney. 

Those  absent  and  not  answering  were : 

Hartford  County.  —  Messrs.  Jarvis,  Pierce,  Middleton, 
Redfield,  Cheney,  Vance,  Bissell,  Willard. 

New  Haven  County.  —  Messrs.  D.  T.  Walsh,  Webb,  Mer- 
win,  Whittemore,  Wooster. 

New  London  County.  —  Messrs.  Chipman,  Raymond, 
Huntington,  Morgan,  Hinckley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  E.  J.  Walsh,  Whitlock,  Mead, 
Gorham,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Evans,  Milner, 
Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Camp,  Eyler. 

Middlesex  County.  —  Messrs.  Markham,  Brothwell,  Pel- 
ton,  Coe,  Blake. 

Tolland  County.  —  Messrs.  Hawkins,  Keeney,  Kinney, 
Phelps,  W.  H.  Hall. 

Whole  number  answering,     .  .  .  .126 

Absent  and  not  answering,  ,  .  .  .42 

The  President  stated  that  the  resolution  pending  before 
the  Convention  when  it  adjourned  on  Wednesday  was  Con- 
vention Resolution  No.  214,  offered  by  the  delegate  from 
New  London,  constituting  the  Governor,  Lieutenant-Gover- 
nor, Secretary,  Treasurer,  and  Comptroller  as  a  State  Board 
of  Pardons,  and  that  this  resolution  was  the  business  before 
the  Convention. 

The  resolution  was  discussed  by  Messrs.  Waller  of  New 
London,  Holcomb  of  Southington,    Warner    of    Salisbury, 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


S2t 


Davenport  of  Bridgeport,   Osborn  of  ISTew  Haven,   Skinner 
of  Andover,  and  Clark  of  Haddam. 

The  resolution,  on  a  rising  vote,  did  not  prevail. 

The  vote  was  as  follows : 

Whole  number  voting,  .  .  .  .          .106 

Necessary  for  passage,  .  .  .  .          .85 

ISTumber  voting  Yes,  .  .  .       24 

Number  voting  jSTo,  .  .  .82 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  No.  215.  Mr.  Osborn  of  New 
Haven  introduced  a  resolution  passed  by  the  New  Haven 
Trades  Council  concerning  representation. 

Convention  Resolution  No.  216.  Mr.  Osborn  of  New 
Haven  introduced  a  resolution  passed  by  the  New  Haven 
Business  Men's  Association  concerning  representation. 

Mr.  Osborn  of  New  Haven  moved  that  both  the  resolutions 
be  tabled  and  printed  for  the  files. 

The  motion  was  discussed  by  Messrs.  Warner  of  Salisbury, 
Osborn  of  New  Haven,  Groesbeck  of  Chaplin,  Hotchkiss  of 
Prospect,  and  Loomis  of  Glastonbury. 

The  motion  prevailed. 

Convention  Resolution  No.  217.  Mr.  Warner  of  Salisbury 
introduced  a  resolution  adopting  Section  11  of  Article  Fourth 
of  the  present  Constitution  as  part  of  the  proposed  Consti- 
tution. 

The  resolution  was  passed  by  a  rising  vote. 

The  vote  was  as  follows: 

Whole  number  voting,  .....   105 

Necessary  for  passage,  .  .  .  .  .85 

Number  voting  Yes,       .  .  .    104 

Number  voting  No,       ...         1 


326  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

The  f olloAving  is  the  Section  adopted : 

Sec.  11.  The  Governor  shall  have  power  to  grant  re- 
prieves after  conviction  in  all  cases  except  those  of  impeach- 
ment, until  the  end  of  the  next  session  of  the  General  Assem- 
bly, and  no  longer. 

Convention  Resolution  ISTo.  213.  (See  Convention  Jour- 
nal, April  9th.)  A  resolution  concerning  the  appointment 
of  County  Commissioners  was  taken  from  the  table,  on  mo- 
tion of  Mr.  Waller  of  New  London. 

The  resolution  was  discussed  by  Mr.  Waller  of  New 
London. 

Mr.  Guilfoile  of  Waterbury  moved  to  amend  the  resolution 
by  Schedule  "  A,"  being  Convention  Resolution  No.  93  (see 
Convention  Journal,  January  16th). 

The  amendment  was  discussed  by  Messrs.  Guilfoile  of 
Waterbury  and  Waller  of  New  London. 

Mr.  Loomis  of  Glastonbury  moved  to  amend  by  Schedule 
"  B,"  providing  for  the  election  of  County  Commissioners  in 
each  county  by  the  electors  therein. 

The  amendment  was  discussed  by  Messrs.  Loomis  of  Glas- 
tonbury, Clark  of  Haddam,  Holcomb  of  Southington,  and 
Waller  of  New  London. 

Mr.  Waller  of  New  London,  by  unanimous  consent,  sub- 
stituted for  his  original  resolution,  a  resolution  providing  that 
no  officers  having  power  to  grant  or  revoke  liquor  licenses 
shall  be  appointed  except  by  the  Superior  Court  or  by  the 
General  Assembly  on  nomination  by  the  Governor. 

The  resolution  was  discussed  by  Mr.  Brown  of  Norwich, 

Mr.  Guilfoile  of  Waterbury  moved  that  when  the  vote  be 
taken  it  be  by  Yeas  and  Nays. 

The  motion  did  not  prevail. 

The  amendment,  Schedule  "  B,"  did  not  prevail. 

The  amendment,  Schedule  "  A,"  did  not  prevail. 

On  a  rising  vote  the  resolution  did  not  prevail. 


JOUKSTAL    OF    THE    CONSTITUTIONAL    CONVENTION.  327 

The  vote  was  as  follows : 

Whole  number  voting,  .  .  .  .  .96 

Necessary  for  passage,  .  .  .  .  .85 

JSTumber  voting  Yes,  .  .  .82 

Number  voting  No,  .  .  .14 

Convention  Resolution  No.  218.  Mr.  Davenport  of 
Bridgeport  introduced  a  resolution  providing  that  the  Gen- 
eral Assembly  may  confer  upon  women  all  the  electoral  privi- 
leges granted  to  men. 

The  resolution  was  discussed  by  Mr.  Davenport  of  Bridge- 
port. 

The  resolution  did  not  prevail. 

Mr.  Waller  of  New  London  moved  that  the  Convention 
reconsider  its  action  on  Convention  Resolution  No.  213,  con- 
cerning the  appointment  of  County  Commissioners. 

The  motion  prevailed. 

Mr.  Waller  of  New  London  moved  that  Convention  Reso- 
lution No.  213  be  made  the  Order  of  the  Day  for  Wednesday, 
April  16th,  at  12  o'clock  M. 

The  motion  prevailed. 

On  motion  of  Mr.  Etheridge  of  Thomaston,  the  Conven- 
tion, at  1.14  o'clock  P.  M.,  adjourned,  to  meet  on  Tuesday, 
at  12.30  o'clock  P.  M. 


328  JOURNAL    OF    THE    CONSTITUTIONxlL    COXVEXTIOX. 


Tuesday,  April  15,  1902. 

The  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  the  Rev.  Charles  H. 
Smith  of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S.  Bryant, 
Middleton,  Grant,  Loomis,  Maltbie,  Cheney,  Cooley, 
Churchill,  Condell,  Havens,  Bartlett,  Holcomb,  Bissell,  W. 
H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

ISTew  Haven  County,  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  S.  R.  Woodward,  Fisk,  McMahon,  Stevens,  Griswold, 
Webb,  Meigs,  Lines,  Wallace,  Ford,  Marks,  S.  J.  Bryant, 
Davis,  Hotchkiss,  Wooster,  Russell,  Kendrick,  Upson. 

]^ew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailej^,  I.  Gil- 
lette, Allyn,  Bromley,  Killeen,  J.  F.  Brown,  Huntington, 
Frink,  Hinckley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, Bell,  Perry,  Whitlock,  Shelton,  Mead,  Wanzer,  C.  H. 
Northrop,  Sanford,  Seymour,  Barnes,  Merritt,  Stagg,  O. 
Hall,  Gorham,  Wakeman. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Fitts,  Evans, 
L.  ]Sr.  Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner, 
Elliott,  Waldo,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  Kellogg,  Wright,  Beardsley,  Whit- 
tlesey, J.  F.  Smith,  O'Connor,  Camp,  C.  H.  Smith,  Crofut, 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  329 

D.  T.  "Warner,  Etheridge,  Strong,  Brinsmade,  Woolson, 
Curtiss. 

Middlesex  Connty.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Markliam,  Coe,  Hubbard,  Purple,  Blake,  JSFettleton, 
Terrill,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Collins, 
Charter,  Porter,  Storrs,  Pinney,  Kinney,  W.  H.  Hall. 

Those  absent  and  not  answering  were : 

Hartford  County.  —  Messrs.  Pierce,  Redfield,  Miller, 
Vance,  Sperry. 

ISTew  Haven  County.  —  Messrs.  A.  D.  Warner,  A.  E. 
Smith,  Merwin,  Whittemore,  Bishop. 

JSTew  London  County.  —  Messrs.  Raymond,  Morgan,  Riley. 

Fairfield  County.  —  Messrs.  E.  H.  jSTorthrop,  Jennings, 
R.  J.  Walsh,  A.  B.  Woodward,  Chichester. 

Windham  County.  —  Mr.  Hunt. 

Litchfield  County.  —  Messrs.  J.  H.  Smith,  Ely,  Kirby, 
Fyler. 

Middlesex  County.  —  Messrs.  Brothwell,  Pelton,  W.  H. 
Smith. 

Tolland  County. —  Messrs.  ISTewcomb,  Hawkins,  Keeney, 
Phelps. 

Whole  number  answering,     .  .  .  .138 

Those  absent  and  not  answering,    .  .  .30 

REPORT   OF   A   COMMITTEE. 

Mr.  Xorthrop  of  Middletown,  chairman  of  the  committee 
to  which  was  referred  the  resolutions  concerning  special  legis- 
lation and  the  classification  of  municipal  charters  (see  Con- 
vention Journal,  April  9th),  presented  the  following  report : 

The  committee  of  nine  to  which  was  referred  Convention 
Resolutions  Nos.  44  and  210  and  proposed  amendments 
thereto  concerning  the  creation  of  corporations  and  special 
legislation,  and  iSTo.  69  concerning  classification  of  municipal 


330  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

charters,  have  the  honor  to  submit  the  following  unanimous 
report : 

That  they  have  had  the  said  resolutions  and  amendments 
under  consideration,  and  are  of  opinion  that  none  of  them 
ought  to  pass,  believing  that  it  is  wiser  and  safer  to  leave  the 
matters  involved  therein  wholly  in  the  power  of  the  General 
Assembly  than  to  hazard  an  attempt  to  place  regulations  and 
restrictions  in  the  constitution. 

By  order  of  the  committee, 

D.  WAKD  NOKTHKOP,  Chairman. 

Hartford,  April  15,  1902. 

The  report  was  explained  by  Mr.  Northrop  of  Middletowu. 

Mr.  Brown  of  JSTorwich  moved  that  the  report  be  accepted. 

Mr.  Loomis  of  Glastonbury  moved  to  amend  the  motion  by 
adding  thereto,  "  and  that  the  Convention  concur  in  the  recom- 
mendations of  the  committee." 

The  amendment  was  discussed  by  Messrs.  Waller  of  New 
London,  Davenport  of  Bridgeport,  Brown  of  Norwich,  Webb 
of  Hamden,  and  Northrop  of  Middletown. 

Mr.  Loomis  of  Glastonbury  withdrew  his  amendment. 

The  motion  of  Mr.  Brown  of  Norwich  was  discussed  by 
Messrs.  Clark  of  Haddam  and  Perry  of  Fairfield. 

Mr.  Brown  of  Norwich  withdrew  his  motion. 

Mr.  Waller  of  New  London  moved  that  the  report  of  the 
committee  be  received. 

Mr.  Hall  of  Willington  moved  to  amend  the  motion  by 
striking  out  the  word  "  received  "  and  inserting  in  lieu  thereof 
the  word  "  accepted." 

The  amendment  was  discussed  by  Messrs.  Hall  of  Willing- 
ton  and  Maltbie  of  Granby. 

Mr.  Waller  of  New  London  moved  that  the  report  of  the 
committee  be  tabled. 

Mr.  Northrop  of  Middletown  raised  the  point  of  order  that 
the  motion  to  table  applied  only  to  the  report  of  the  com- 
mittee. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  331 

The  President  ruled  that  the  motion  to  table  carried  with 
it  all  matters  covered  by  the  report. 

The  motion  to  table  was  discussed  under  privilege  by  Messrs. 
Brown  of  ISTorwich,  Hall  of  "Willington,  and  Waller  of  ISTew 
London. 

Mr,  Waller  of  New  London  withdrew  his  motion  to  table. 

Mr.  Milner  of  Plainfield  moved  that  the  report  of  the  com- 
mittee and  all  matters  pertaining  to  special  legislation  be  in- 
definitely postponed. 

Mr.  Waller  of  New  London  moved  that  the  vote  be  taken 
by  Yeas  and  Nays. 

The  motion  prevailed. 

The  motion  to  indefinitely  postpone  did  not  prevail. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S.  Bryant,  Middle- 
ton,  Grant,  Loomis,  Cheney,  Cooley,  Condell,  Holcomb,  W. 
H.  Hall,  Willard,  Healy. 

New  Haven  County.  —  Messrs.  Griswold,  Webb,  Lines, 
Marks,  S.  J.  Bryant,  Davis,  Wooster,  Russell,  Upson. 

New  London  County.  —  Messrs.  F.  T.  Brown,  King,  A. 
M.  Brown,  Killeen,  J.  F.  Brown,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Bell,  Perry,  Whitlock,  Mead, 
Wanzer,  Sanford,  Seymour,  Stagg,  O.  Hall,  Gorham,  Wake- 
man. 

Windham  County.  —  Messrs.  Boss,  L.  N.  Clark,  Burnham, 
Somes,  Milner. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  .Belden, 
Whittlesey,  J.  F.  Smith,  Curtiss. 

Middlesex  County. —  Messrs.  D.  W.  Northrop,  G.  M.  Clark, 
Purple,  Nettleton. 

Tolland  County.  —  Messrs.  Charter,  Storrs,  Pinney,  W.  H. 
Hall. 


332 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 


Those  voting  Naj  were: 

Hartford  County.  —  Messrs.  Holmes,  Maltbie,  Churchill, 
Havens,  Bartlett,  Bissell,  D.  E.  Phelps. 

jSTew  Haven  County.  —  Messrs.  Osborn,  Guilf oile,  D.  T. 
Walsh,  S.  K.  Woodward,  McMahon,  Meigs,  Wallace,  Hotch- 
kiss,  Kendrick. 

JSTew  London  County.  —  Messrs.  Waller,  Miner,  Chipman, 
Bailey,  I.  Gillette,  Allyn,  Bromley,  J.  F.  Brown,  Huntington, 
Frink,  Hinckley,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, Shelton,  C.  H.  I^orthrop,  Merritt. 

Windham  County.  —  Messrs.  Bugbee,  Evans,  Groesbeck, 
Latham,  Elliott,  Waldo,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  Beach,  Case,  Hayes,  Wright, 
Beardsley,  O'Connor,  Camp,  C.  H.  Smith,  Crofut,  D.  T. 
Warner,  Etheridge,  Strong,  Brinsmade,  Woolson. 

Middlesex  County.  —  Messrs.  Markham,  Coe,  Hubbard, 
Blake,  Terrill,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Collins, 
Porter,  Kinney. 

Those  absent  and  not  voting  were  : 

Hartford  County.  —  Messrs.  Pierce,  Kedfield,  Miller, 
Vance,  Sperry. 

IsTew  Haven  County.  —  Messrs.  A.  D.  Warner,  Fisk,  A.  E. 
Smith,  Stevens,  Merwin,  Whittemore,  Ford,  Bishop. 

New  London  County.  —  Messrs.  Buell,  Raymond,  Morgan, 
Eiley. 

Fairfield  County.  —  Messrs.  E.  H.  ]^orthrop,  Jennings,  E. 
J.  Walsh,  A.  B.  Woodward,  Barnes,  Chichester. 

Windham  County.  —  Messrs.  Fitts,  Hunt. 

Litchfield  County. — Messrs,  Mallett,  J.  H.  Smith,  Kel- 
logg, Ely,-  Kirby,  Fyler. 

Middlesex  County.  —  Messrs.  Brothwell,  Pelton,  W.  H. 
Smith. 


JOUKlSrAL    OF    THE    CONSTITUTIONAL    CONVENTION.  833 

Tolland  County,  —  Messrs.  JSTewcomb,  Hawkins,  Keenej, 
Phelps. 

Whole  number  voting,  .  .  .          .129 

Necessary  for  passage,  .  .  .         .65 

Those  voting  Yea,  .  .  .61 

Those  voting  Nay,  .  .  .68 

Mr.  Waller  of  New  London  moved  that  the  report  of  the 
committee,  and  all  pending  motions  relating  to  it,  be  tabled. 

The  motion  did  not  prevail. 

Mr.  Hall  of  Willington  then  withdrew  his  amendment. 

The  motion  that  the  report  of  the  committee  be  received 
prevailed. 

Mr.  Waller  of  New  London  moved  that  the  resolutions 
and  amendments  concerning  special  legislation  be  made  the 
second  Order  of  the  Day  for  Wednesday,  and  that  votes  upon 
them  be  taken  at  that  time  without  debate. 

Mr.  Brown  of  Norwich  moved  to  amend  that  the  votes  be 
taken  immediately  without  debate. 

The  President  stated  that  the  question  would  first  be  put 
on  the  motion  of  Mr.  Waller  of  New  London,  as  it  proposed 
the  longest  time. 

The  motion  was  discussed  by  Messrs.  Perry  of  Fairfield, 
Waller  of  New  London,  Brown  of  Norwich,  Guilfoile  of 
Waterbury,  and  Clark  of  Haddam. 

The  motion  did  not  prevail. 

Mr.  Davenport  of  Bridgeport  moved  that  the  Convention 
take  up  Convention  Eesolution  No.  69  (see  Convention  Jour- 
nal, April  9th),  concerning  municipal  charters. 

Mr.  Webb  of  Hamden  raised  the  point  of  order  that  the 
question  before  the  Convention  was  the  motion  of  Mr.  Brown 
of  Norwich  providing  for  an  immediate  vote  on  the  reso- 
lutions concerning  special  legislation. 

The  President  ruled  that  the  point  of  order  was  well  taken. 

The   motion   prevailed. 


334     JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 

The  President  stated  that  the  first  question  before  the 
Convention  Avas  the  substitute  for  amendment,  Schedule  ''  B," 
offered  by  Mr.  A¥aller  of  New  London,  to  Convention  Eeso- 
lution  No.  44  (see  Convention  Journal,  April  9th). 

Mr.  Waller  of  New  London  asked  and  obtained  the  unani- 
mous consent  of  the  Convention  to  amend  the  amendment  by 
substituting  the  words  "  majority  vote  "  for  the  words  "  two- 
thirds  vote  "  therein. 

Mr.  Waller  of  New  London  stated  that  he  would  withdraw 
the  amendment.  Schedule  "  B." 

Mr.  Webb  of  Hamden  raised  the  point  of  order  that  the 
amendment  could  not  be  withdrawn  except  by  unanimous 
consent,  as  the  Convention  had  already  taken  action  on  it. 

The  President  ruled  that  the  reference  to  a  committee  was 
such  action  by  the  Convention  as  to  place  the  amendment  in 
the  hands  of  the  Convention,  and  that  the  point  of  order  was 
well  taken. 

On  motion  of  Mr.  Etheridge  of  Thomaston,  the  previous 
question  was  ordered. 

Mr.  Waller  of  New  London  moved  that  the  vote  be  taken 
by  Yeas  and  Nays. 

The  motion  prevailed. 

Mr.  Northrop  of  Newtown  moved  that  Mr.  Waller  of  New 
London  be  given  unanimous  consent  to  withdraw  his  amend- 
ment, Schedule  "  B." 

The  motion  prevailed. 

Mr.  Waller  of  New  London  then  withdrew  his  amendment, 
Schedule  "  B." 

The  President  stated  that  the  question  before  the  Con- 
vention was  on  the  adoption  of  Convention  Resolution  No. 
210  (see  Convention  Journal,  April  3d),  offered  by  Mr. 
Warner  of  Salisbury  as  an  amendment.  Schedule  "  A,"  to 
Convention  Eesolution  No.  44. 

The  amendment  was  discussed  by  Messrs.  Osborn  of  New 
Haven,  Perry  of  Fairfield,  Warner  of  Salisbury,  and  Waller 
of  New  London. 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  335 

On  motion  of  Mr.  Etheridge  of  Thomaston,  the  previous 
question  was  ordered. 

Mr.  Waller  of  Xew  London  moved  that  the  vote  be  taken 
by  Yeas  and  ISTays. 

The  motion  prevailed. 

The  amendment,  Schedule  "  A,"  did  not  prevail. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  W.  M.  Brown,  Maltbie, 
Churchill,  Bartlett,  Bissell,  D.  E.  Phelps. 

JSTew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  S.  E.  Woodward,  McMahon,  Meigs,  Ford,  Hotchkiss, 
Russell,  Kendrick. 

New  London  County.  —  Messrs.  Waller,  Chipman,  Bailey, 
I.  Gillette,  AUyn,  Bromley,  Huntington,  Frink,  Hinckley, 
C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  Woodman,  Shelton, 
C.  H.  Northrop. 

Windham  County.  —  Messrs.  Bugbee,  Evans,  Latham, 
Somes,  Elliott,  Waldo,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  Beach,  Case,  Hayes,  Wright, 
Beardsley,  Whittlesey,  C.  H.  Smith,  D.  T.  Warner,  Ether- 
idge, Brinsmade,  Woolson. 

Middlesex  County.  —  Messrs.  Markham,  Coe,  Hubbard, 
Blake,  Nettleton,  Terrill,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Sumner,  Collins,  Charter,  Kin- 
ney. 

Those  voting  jSTay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
E.  S.  Gillette,  Sears,  Dickinson,  P.  S.  Bryant,  Middleton, 
Grant,  Loomis,  Cheney,  Cooley,  Condell,  Havens,  Holcomb, 
W.  H.  Hall,  Willard,  Healy. 

New  Haven  County.  —  Messrs.  Fisk,  Stevens,  Griswold, 
Webb,  Lines,  Wallace,  Marks,  S.  J.  Bryant,  Wooster,  Upson. 


336  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

New  London  County.  —  Messrs.  F.  T.  Brown,  Miner, 
King,  A.  M.  Brown,  Killeen,  J.  F.  Brown,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Perry,  "Whitlock, 
Mead,  Wanzer,  Sanford,  Seymour,  Barnes,  Merritt,  Stagg, 
O.  Hall,  Gorham. 

"Windham  County.  —  Messrs.  Boss,  L.  N.  Clark,  Groes- 
beck,  Burnham,  Milner. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Mallett,  Bel- 
den,  J.  F.  Smith,  Strong,  Curtiss. 

Middlesex  County.  —  Messrs.  D.  W.  ISTorthrop,  G.  M. 
Clark,  Purple, 

Tolland  County.  —  Messrs.  Skinner,  Porter,  Storrs,  Pin- 
ney,  W.  H.  Hall. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Pierce,  Eedfield,  Miller, 
Vance,  Sperry. 

'New  Haven  County.  —  Messrs.  A.  D,  Warner,  A.  E. 
Smith,  Merwin,  AVhittemore,  Davis,  Bishop. 

ISTew  London  County.  —  Messrs.  Buell,  Raymond,  Morgan, 
Riley. 

Fairfield  County.  —  Messrs.  E.  H.  Northrop,  Bell,  Jen- 
nings, R.  J.  Walsh,  A.  B.  Woodward,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Fitts,  Hunt. 

Litchfield  County.  —  Messrs.  J.  H.  Smith,  Kellogg,  Ely, 
O'Connor,  Camp,  Crofut,  Kirby,  Fyler. 

Middlesex  County.  —  Messrs.  Brothwell,  Pelton,  W.  H. 
Smith. 

Tolland  County.  —  Messrs.  ISTewcomb,  Hawkins,  Keeney, 
Phelps. 

Whole  number  voting,  ....   128 

Necessary  for  passage,  .  .  .  .85 

Those  voting  Yea,  .  .  .62 

Those  voting  Nay,  .         .         .66 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  337 

Mr,  Waller  of  Xew  London  moved  to  amend  by  Schedule 
''  B." 

Mr.  Perry  of  Fairfield  raised  the  point  of  order  that  the 
previous  question  having  been  ordered,  a  vote  must  be  taken 
on  pending  amendments  and  the  main  question,  and  that  a 
further  amendment  was  not  in  order. 

The  President  ruled  that  the  previous  question  applied  only 
to  the  amendment,  Schedule  "  A,"  and  that  the  amendment 
was  in  order. 

On  motion  of  Mr.  Bryant  of  East  Hartford  the  previous 
question  was  ordered. 

Mr.  Waller  of  iSTew  London  moved  that  the  vote  be  taken 
by  Yeas  and  ISTays. 

The  motion  prevailed. 

The  amendment.  Schedule  "  B,"  did  not  prevail. 

The  vote  was  as  follows  : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  W.  M.  Brown,  Maltbie,  Bart- 
lett,  Bissell. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  McMahon. 

New  London  County.  —  Messrs.  Waller,  Chipman,  Brom- 
ley, Huntington,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  Merritt. 

Windham  County.  —  Messrs.  Evans,  Waldo. 

Litchfield  County.  —  Messrs.  Beach,  Hayes,  Wright, 
Beardsley,  C.  H.  Smith,  Etheridge. 

Middlesex  County.  —  Messrs.  Blake,  Terrill,  Hale,  Post. 

Tolland  County.  —  Mr.  Kinney. 

Those  voting  Nay  were : 

Hartford  County. —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis,  E. 
S.  Gillette,  Sears,  Dickins'bn,  P.  S.  Bryant,  Middleton,  Grant, 
Loomis,  Cheney,  Cooley,  Churchill,  Condell,  Havens,  Hol- 
comb,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 
c.  c— 22 


338  JOURNAL    OF    THE    COXSTITUTIOXAL    CONVENTIOX. 

Kew  Haven  County.  —  Messrs.  S.  R.  "Woodward,  Stevens, 
Griswold,  Webb,  Meigs,  Lines,  Wallace,  Ford,  Marks,  S.  J. 
Bryant,  Hotchkiss,  Wooster,  Kendrick,  Upson. 

New  London  County.  —  Messrs.  F.  T.  Brown,  Miner,  King, 
J.  F.  Brown,  Frink,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  Perry, 
Whitlock,  Mead,  Wanzer,  Sanford,  Seymour,  Barnes,  Stagg, 
O.  Hall,  Gorham. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  L.  X.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott,  Chand- 
ler, Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Case,  Mallett, 
Belden,  Whittlesey,  J.  F.  Smith,  D.  T.  Warner,  Strong,  Brins- 
made,  Woolson. 

Middlesex  County.  —  Messrs.  D.  W.  Xorthrop,  G.  M. 
Clark,  Markham,  Hubbard,  Purple,  Nettleton. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Collins, 
Charter,  Porter,  Storrs,  Pinney,  W.  H.  Hall. 

Those  absent  and  not  voting  were  : 

Hartford  County.  —  Messrs.  Pierce,  Redfield,  Millei, 
Vance,  Sperry. 

New  Haven  County.  —  Messrs.  A.  D.  Warner,  Fisk,  A.  E. 
Smith,  Merwin,  Whittemore,  Davis,  Eussell,  Bishop. 

New  London  County.  —  Messrs.  Buell,  A.  M.  Brown, 
Bailey,  I.  Gillette,  Allyn,  Eaymond,  Killeen,  Morgan,  Riley, 
Hinckley. 

Fairfield  County.  —  Messrs.  E.  H.  Northrop,  Bell,  Jen- 
nings, R.  J.  Walsh,  Shelton,  C.  H.  Northrop,  A.  B.  Wood- 
ward, Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Fitts,  Hunt,  * 

Litchfield  County.  —  Messrs.  J.  H.  Smith,  Kellogg,  Ely, 
O'Connor,  Camp,  Crofut,  Kirby,  Fyler,  Curtiss. 

Middlesex  County.  —  Messrs.  Brothwell,  Pelton,  Coe,  W. 
H.  Smith,  L'Hommedieu. 


JOUENAL    OF    THE    CONSTITUTIONAL    CONVENTION.  339 

Tolland  County.  —  Messrs.  Newcomb,  Hawkins,  Keeuey, 
Phelps. 

Whole  number  voting,  .  .  .  .115 

Necessary  for  passage,  .  .  .  .85 

Those  voting  Yea,  .  .  .28 

Those  voting  Nay,  .  .  ,87 

Mr.  Waller  of  New  London  moved  that  the  vote  on  Con- 
vention Resolution  No.  44  be  postponed  until  Wednesday. 

The  motion  did  not  prevail. 

Mr.  Waller  of  New  London  moved  that  the  vote  be  taken 
by  Yeas  and  Nays. 

The  motion  prevailed. 

On  motion  of  Mr.  Waller  of  New  London,  the  Convention, 
at  3.56  o'clock  P.  M.,  adjourned  to  meet  on  Wednesday,  at 
11  o'clock  A.  M. 


340  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION, 


Wednesday,  April  16,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  William  Martin 
Brown  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Loomis,  Maltbie,  Miller,  Cheney, 
Cooley,  Churchill,  Condell,  Havens,  Bartlett,  Holcomb, 
Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

Xew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  K.  Woodward,  Fisk,  A.  E.  Smith, 
Stevens,  Griswold,  Webb,  Meigs,  Lines,  Wallace,  Merwin, 
Ford,  Marks,  S.  J.  Bryant,  Davis,  Hotchkiss,  Wooster,  Rus- 
sell, Kendrick,  Upson. 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Raymond,  Killeen,  J.  F>,  Brown,  Huntington, 
Frink,  Riley,  Hinckley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  Korthrop,  Bell,  Jennings,  Perry,  Shelton,  Mead, 
Wanzer,  C.  H.  E"orthrop,  A.  B.  Woodward,  Sanford,  Sey- 
mour, Barnes,  Merritt,  O.  Hall,  Gorham,  Wakeman,  Chi- 
chester. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Fitts,  Evans, 
L.  X.  Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner, 
Elliott,  Waldo,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  341 

Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beards- 
ley,  Whittlesey,  J.  F.  Smith,  C.  H.  Smith,  Crofut,  D.  T. 
Warner,  Etheridge,  Strong,  Brinsmade,  Woolson,  Ciirtiss. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Markham,  Brothwell,  Pelton,  Coe,  Hubbard,  Purplej 
]^ettleton,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Newcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Pinney, 
Kinney,  W.  H.  Hall. 

Those  absent  and  not  answering  were : 

Hartford  County.  —  Messrs.  Pedfield,  Yanee. 

New  Haven  County.  —  Messrs.  McMahon,  Whittemore, 
Bishop. 

Xew  London  County.  —  Messrs.  Bromley,  Morgan. 

Fairfield  County.  —  Messrs.  R.  J.  Walsh,  Whitlock,  Stagg. 

Windham  County.  —  Mr.  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  O'Connor,  Camp, 
Kirby,  Fyler. 

Middlesex  County.  —  Mr.  Blake. 

Tolland  County.  —  Mr.  Phelps. 

Whole  number  answering,     .  .  .  .150 

Those  absent  and  not  answering,    .  .  .18 

The  President  stated  that  the  resolution  pending  before 
the  Convention  when  it  adjourned  on  Tuesday  was  Conven- 
tion Kesolution  No.  44,  offered  by  the  delegate  from  New 
London,  concerning  the  creation  of  private  corporations,  that 
the  question  before  the  Convention  was  on  the  passage  of 
the  substitute  for  that  resolution. 

Mr.  Waller  of  New  London,  by  unanimous  consent,  with- 
drew the  resolution. 

CONVENTION    RESOLUTION. 

Convention  Eesolution  No.  219.  Mr.  Dempsey  of  Dan- 
bury  introduced  a  resolution  requesting  the  United   States 


342  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION, 

Senators  from  Connecticut  to  use  their  best  efforts  to  secure 
an  amendment  to  the  Constitution  of  the  United  States  pro- 
viding for  the  election  of  United  States  Senators  by  direct 
vote  of  the  people. 

On  motion  of  Mr.  Dempsey  of  Danbury,  the  resolution 
was  tabled. 

Convention  Resolution  No.  69  (see  Convention  Journal, 
April  9th),  concerning  the  classification  of  municipal  char- 
ters, was  taken  from  the  table,  on  motion  of  Mr.  Xorthrop  of 
Middletown. 

The  resolution  was  discussed  by  Messrs.  Northrop  of  Mid- 
dletown, Davenport  of  Bridgeport,  and  Guilfoile  of  Water- 
bury, 

The  resolution  was  then  rejected. 

Mr.  Brown  of  Nonvich  moved  that  the  report  of  the  com- 
mittee on  the  resolutions  concerning  special  legislation  and 
the  classification  of  municipal  charters  be  accepted. 

The  motion  prevailed. 

OPtDER  OF  THE  DAY,  12  O'CLOCK  M. 

Substitute  for  Convention  Resolution  No.  213  (see  Con- 
vention Journal,  April  lOtli),  a  resolution  concerning  the 
appointment  of  County  Commissioners,  was  taken  from  the 
table,  on  motion  of  Mr.  Osborn  of  New  Haven. 

Mr.  Dempsey  of  Danbury  moved  to  amend  by  Schedule 
"  A,"  to  substitute  for  the  pending  resolution  the  original 
resolution  No.  213. 

The  amendment  was  discussed  by  Mr.  Dempsey  of  Dan- 
bury. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Schedule 
"  B,"  providing  for  the  election  of  County  Commissioners  by 
the  electors  of  the  respective  counties. 

The  motion  to  amend  was  discussed  by  Messrs.  Davenport 
of  Bridgeport,  Brown  of  Norwich,  Northrop  of  Middletown, 
Osborn  of  New  Haven,  Guilfoile  of  AVaterbury,  Smith  of 


JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION.  343 

Plymouth,  Waller  of  Xew  London,  and  Woodward  of 
Norwalk. 

Mr.  Davenport  of  Bridgeport  then  withdrew  his  amend- 
ment. 

Mr.  Gnilfoile  of  Waterbiiry  moved  to  amend  by  Schedule 
"  C,"  providing  that  no  County  Commissioners  shall  be  ap- 
pointed except  by  the  electors  in  each  county. 

The  amendment  was  discussed  by  Messrs.  Guilfoile  of 
Waterbury,  and  Clark  of  Haddam. 

Mr.  Guilfoile  of  Waterbury  moved  that  the  vote  be  taken 
by  Yeas  and  !Nays. 

The  motion  did  not  j)revail. 

The  amendment,  Schedule  "  C,"  did  not  prevail. 

The  amendment,  Schedule  "  A,"  did  not  prevail. 

Mr.  Warner  of  Salisbury  moved  to  amend  by  Schedule 
"  D,"  striking  out  in  Section  1,  line  1,  the  words  "  County 
Commissioners  or,"  and  all  after  the  word  "  court,"  in  line  4. 

The  amendment  was  discussed  by  Messrs.  Warner  of  Salis- 
bury, Clark  of  Hartford,  Smith  of  Winchester,  Dempsey  of 
Danbury,  Milner  of  Plainfield,  and  Clark  of  Haddam. 

Mr.  Osborn  of  New  Haven  accepted  the  amendment. 

Mr.  Maltbie  of  Granby  moved  to  amend  by  Schedule  "  E," 
striking  out  all  after  the  word  "  except  "  in  line  3,  and  insert- 
ing in  lieu  thereof  "  by  the  judges  of  the  Superior  Court  at 
their  annual  meeting  to  be  held  as  now  or  hereafter  provided 
by  law." 

Mr.  Osborn  of  Xew  Haven  accepted  the  amendment. 

The  resolution,  as  amended  by  Schedules  "  D  "  and  "  E," 
on  a  rising  vote,  did  not  prevail. 

The  vote  was  as  follows : 

Whole  number  voting,  .  .  .  .  .   131 

]^ecessary  for  passage,  .  .  .  .85 

iSTumber  voting  Yes,  .  .  .44 

jSTumber  voting  Xo,  .  .  .87 


344  JOURNAL    OF    THE    CONSTITUTION,\X    CONVENTION. 

Convention  Resolution  Xo,  195  (see  Convention  Journal^ 
March  2Gth),  concerning  the  compensation  of  members  of 
the  General  Assembly,  was  taken  from  the  table,  on  mo- 
tion of  Mr.  Perry  of  Fairfield. 

Mr.  Northrop  of  Newtown  moved  to  amend  by  substituting 
for  the  pending  resolution  Convention  Resolution  No.  193 
(see  Convention  Journal,  March  25th). 

Mr.  Loomis  of  Glastonbury,  who  introduced  Convention 
Resolution  No.  195,  accepted  the  amendment. 

The  resolution  was  discussed  by  Mr.  Loomis  of  Glaston- 
bury. 

Mr.  Clark  of  Hartford  moved  to  amend  by  Schedule  "A," 
providing  that  the  compensation  of  members  of  the  General 
Assembly  shall  be  $500,  including  mileage,  and  no  member 
shall  travel  on  a  railroad  pass. 

The  amendment  was  discussed  by  Messrs.  Clark  of  Hart- 
ford and  Etheridge  of  Thomaston. 

On  motion  of  Mr.  Merritt  of  Stamford,  the  previous  ques- 
tion was  ordered. 

The  amendment  did  not  prevail. 

Mr.  Skinner  of  Andover  moved  to  amend  by  Schedule  "  B." 

The  President  ruled  that  the  previous  question  having  been 
ordered,  applied  to  both  the  amendment  and  the  main  ques- 
tion, and  that  further  amendments  were  not  in  order. 

Mr.  Brown  of  Norwich  moved  that  Mr.  Skinner  of  Andover 
be  given  unanimous  consent  to  introduce  his  amendment. 

The  motion  prevailed. 

Mr.  Skinner  of  Andover  moved  to  amend  by  Schedule  "  B," 
striking  out  the  word  "  five  "  in  line  three,  and  inserting  the 
word  "  three." 

The  amendment  did  not  prevail. 

Mr.  Waller  of  New  London  moved  to  amend  by  Schedule 
«  C." 

The  amendment  was  discussed  by  Messrs.  Waller  of  New 
London,  Merritt  of  Stamford,  Northrop  of  Middletown,  and 
Clark  of  Hartford. 


JOURNAL    OF   THE   CONSTITUTIONAL   CONVENTION.  345 

Mr.  Holcomb  of  Southington  moved  to  amend  by  Schedule 
"  D." 

Mr.  "Waller  of  New  London  withdrew  his  amendment. 

The  amendment,  Schedule  "  D/'  prevailed. 

Mr,  Skinner  of  Andover  moved  that  the  vote  on  the  reso- 
lution as  amended  be  taken  by  Yeas  and  l^ays. 

The  motion  prevailed. 

The  resolution,  as  amended,  was  then  adopted. 

The  vote  was  as  follows : 

Those  voting  Yea  were  : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  W.  M. 
Brown,  E.  S.  Gillette,  Dickinson,  P.  S.  Bryant,  Middleton, 
Grant,  Miller,  Cheney,  Cooley,  Churchill,  Condell,  Bartlett, 
Holcomb,  Bissell,  W.  H.  Hall,  D.  E.  Phelps,  Healy. 

]^ew  Haven  County.  —  Messrs.  Guilfoile,  A.  D.  Warner, 
S.  K.  Woodward,  Fisk,  A.  E.  Smith,  Stevens,  Webb,  Lines, 
Wallace,  Marks,  S,  J.  Bryant,  Davis,  Wooster,  Upson. 

jSTew  London  County.  —  Messrs.  Waller,  Miner,  Buell, 
Chipman,  A.  M.  Brown,  Bailey,  AUyn,  Killeen,  J.  E.  Brown, 
Huntington,  Frink,  Riley,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  E.  H.  Northrop, 
Jennings,  Mead,  Wanzer,  C.  H.  Northrop,  Sanford,  Sey- 
mour, Barnes,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Evans,  L.  N.  Clark, 
Groesbeck,  Latham,  Milner,  Elliott,  Waldo,  Chandler, 
Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Ely,  Beardsley,  Whittlesey, 
J.  F.  Smith,  Crofut. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Markham,  Brothwell,  Pelton,  W.  H.  Smith,  Hale. 

Tolland  County.  —  Messrs.  Hawkins,  Keeney,  Kinney,  W. 
H.  Hall. 

Those  voting  Nay  were : 


346 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 


Hartford  Connty.  —  Messrs.  Jarvis,  Sears,  Loomis,  Malt- 
bie,  Havens. 

jSTew  Haven  County.  —  Messrs.  Griswold,  Meigs,  Ford, 
Hotchkiss,  Russell,  Kendrick. 

New  London  County.  —  Messrs.  F.  T.  Brown,  King,  I. 
Gillette,  Raymond,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  Bell, 
Perry,  A.  B.  Woodward,  Merritt,  O.  Hall,  Gorham,  Wake- 
man. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Burnham, 
Somes. 

Litchfield  County.  —  Messrs.  Kellogg,  Wright,  C.  H. 
Smith,  D.  T.  Warner,  Etheridge,  Strong,  Brinsmade,  Wool- 
son,  Curtiss. 

Middlesex  County.  —  Messrs.  Purple,  ISTettleton,  Terrill, 
L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Xewcomb,  Skinner,  Sumner, 
Collins,  Charter,  Storrs,  Pinney. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Pierce,  Redfield,  Vance, 
Sperry,   Willard. 

New  Haven  County.  —  Messrs.  Osborn,  D.  T.  Walsh, 
McMahon,  Merwin,  Whittemore,  Bishop. 

New  London  County.  —  Messrs.  Bromley,  Morgan, 
Hinckley. 

Fairfield  County.  —  Messrs.  R.  J.  Walsh,  Whitlock,  Shel- 
ton,  Stagg. 

Windham  County.  —  Mr.  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  O'Connor,  Camp, 
Kirby,  Fyler. 

Middlesex  County.  —  Mr.  Blake. 

Tolland  County.  —  Messrs.  Porter,  Phelps. 
Paired :     Mr.  Coe  of  Cromwell. 

Mr.  Hubbard  of  Durham. 


JOUKXAL    OF   THE   CONSTITUTIONAL    CONVENTION.  S47 

Whole  number  voting,  ....   138 

Necessary  for  passage,  .  .  .  .  .85 

Those  voting  Yea,  .  .  .88 

Those  voting  i^av,  .  .  .50 

The  following  is  the  amendment. 

Schedule  "  D." 

Strike  out  all  after  the  enacting  clause.  Insert  in  lieu 
thereof  the  following :  "  The  compensation  of  members  of 
the  General  Assembly  shall  be  five  hundred  dollars,  in  full 
for  the  time  for  which  the  members  are  elected.  The  Gen- 
eral Assembly  may,  in  addition  to  such  compensation,  pro- 
vide by  law  for  the  transportation  of  each  member  or  member 
elect  of  the  General  Assembly  by  public  conveyance,  by 
the  most  convenient  route  between  his  home  station  and  the 
place  of  meeting,  during  the  session  of  the  General  Assembly 
to  which  he  was  elected.  The  Comptroller  shall  provide  for 
such  transportation." 

On  motion  of  Mr.  Middleton  of  East  Windsor,  the  Conven- 
tion, at  1.12  o'clock  P.  M.,  took  a  recess  until  2.15  o'clock 
P.  M. 


Wednesday  afternoon,  April  16,  1902. 

The  Convention  was  called  to  order  at  2.15  o'clock  P.  M., 
the  President  in  the  Chair. 

Convention  Resolution  jSTo.  160.  (See  Convention  Jour- 
nal, February  11th.)  A  resolution  concerning  the  accept- 
ance, by  public  ofiicei*s,  of  free  transportation  and  other 
privileges,  was  taken  from  the  table,  on  motion  of  Mr.  Daven- 
port of  Bridgeport. 

The  resolution  was  discussed  by  Messrs.  Davenport  of 
Bridgeport,  Warner  of  Salisbury,  and  Clark  of  Haddam. 


348 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 


The  resolution  did  not  prevail. 

Convention  Resolution  Ko.  125.  (See  Convention  Jour- 
nal, January  28th.)  A  resolution  concerning  the  use  of  cor- 
porate funds  for  lobbying  or  election  purposes,  was  taken 
from  the  table,  on  motion  of  Mr.  Davenport  of  Bridgeport. 

The  resolution  was  discussed  by  Messrs.  Davenport  of 
Bridgeport,  Waller  of  jSTew  London,  and  Clark  of  Haddam. 

The  resolution  did  not  prevail. 

Convention  Eesolution  No.  83.  See  Convention  Journal, 
January  15th.)  A  resolution  concerning  the  appointment  of 
State's  attorneys,  was  taken  from  the  table,  on  motion  of  Mr. 
Davenport  of  Bridgeport. 

The  resolution  was  discussed  by  Mr.  Davenport  of  Bridge- 
port. 

The  resolution  did  not  prevail. 

Convention  Eesolution  No.  208.  (See  Convention  Jour- 
nal, April  3d.)  A  resolution  concerning  the  legislative 
powers  of  towns,  was  taken  from  the  table,  on  motion  of  Mr. 
Fisk  of  Branford. 

The  resolution  was  discussed  by  Messrs.  Fisk  of  Branford, 
Waller  of  New  London,  Brown  of  Norwich,  and  Northrop 
of  Middletown. 

The  resolution  did  not  prevail. 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  No.  220.  Mr.  Warner  of  Salis- 
bury introduced  a  resolution  adopting  Sections  1  and  2  of 
Article  Tenth  of  the  present  Constitution  as  a  part  of  the 
proposed  Constitution. 

Mr.  Woodman  of  Bethel  moved  to  amend  Section  2  by 
Schedule  "  A,"  striking  out  in  the  first  line  the  word 
"  annually." 

The  amendment  was  discussed  by  Messrs.  Middleton  of 
East  Windsor  and  Clark  of  Hartford. 


JOURNAL    OF   THE   CONSTITUTIOXAL   CONVENTION. 


349 


Mr.  Clark  of  Hartford  moved  to  amend  by  Schedule  "  B." 

The  amendment  was  discussed  by  Messrs.  Clark  of  Hart- 
ford, Brown  of  I^orwicb,  Warner  of  Salisbury,  Davenport 
of  Bridgeport,  Etheridge  of  Thomaston,  Clark  of  Haddam, 
Hall  of  Willington,  Loomis  of  Glastonbury,  Hotchkiss  of 
Prospect,  Smith  of  Winchester,  Waller  of  New  London, 
Woodman  of  Bethel,  Hall  of  West  Hartford,  Milner  of  Plain- 
field,  Sears  of  Canton,  Bowen  of  Woodstock,  and  Waldo  of 
Scotland. 

The  amendment.  Schedule  "  B,"  prevailed. 

The  President  stated  that  the  amendment.  Schedule  "  A," 
being  in  effect  included  in  the  provisions  of  Schedule  "  B," 
would  not  be  acted  upon  unless  the  Convention  so  desired. 

The  resolution,  as  amended,  was  then  adopted  by  a  rising 
vote. 

The  vote  was  as  follows : 

Whole  number  voting,  .  .  .  .  .91 

ISTecessary  for  passage,  .  .  .  .         .85 

Number  voting  Yes,  .  .  .91 

Number  voting  No,  .  ,  .         0 

The  following  is  the  amendment: 

Schedule  "  B." 

In  Section  2,  line  1,  after  the  word  "  annually,"  insert  the 
following,  "  or  biennially  as  the  electors  of  the  town  may 
determine." 

The  following  are  the  sections  adopted,  as  amended : 

Article  Tenth. 

GENERAL  PROVISIONS. 

Section  1.  Members  of  the  General  Assembly,  and  all 
officers,  executive  and  judicial,  shall,  before  they  enter  on 


350  JOURNAL    OF   THE    COXSTITUTIOXAL    CONVENTION. 

the  duties  of  their  respective  offices,  take  the  following  oath 
or  affirmation,  to  wit: 

You  do  solemnly  swear,  or  affirm  (as  the  case  may  be),  that 
you  will  support  the  Constitution  of  the  United  States,  and 
the  Constitution  of  the  State  of  Connecticut,  so  Ions  as  vou 
continue  a  citizen  thereof;  and  that  you  will  faithfully  dis- 
charge, according  to  law,  the  duties  of  the  office  of 

to  the  best  of  your  abilities.     So  help  you  God. 

Sec.  2.  Each  town  shall  annually  or  biennially,  as  the 
electors  of  the  town  may  determine,  elect  selectmen,  and 
such  officers  of  local  police,  as  the  laws  may  prescribe. 

CONVENTION    RESOLUTION. 

Convention  Resolution  ]S[o.  221.  Mr.  Warner  of  Salisbury 
introduced  a  resolution  adopting  Section  3  of  Article  Tenth 
of  the  present  Constitution  as  a  part  of  the  proposed  Con- 
stitution. 

Mr.  Kendrick  of  Wallingford  moved  to  amend  Section  3 
by  Schedule  "  A,"  adding  to  said  section  the  following :  "  nor 
be  construed  to  prohibit  the  General  Assembly  from  author- 
izing any  town,  city,  or  botough  to  acquire,  build,  construct, 
own,  operate,  or  lease  a  street  railway  wholly  within  the 
territorial  limits  of  said  town,  city,  or  borough." 

The  amendment  was  discussed  by  Messrs.  Kendrick  of 
Wallingford,  Brown  of  Norwich,  Clark  of  Haddam,  Loomis 
of  Glastonbury,  and  Warner  of  Salisbury. 

On  motion  of  Mr.  Warner  of  Salisbury,  the  Convention, 
at  4.15  o'clock  P.  M.,  adjourned  to  meet  on  Thursday,  at  11 
o'clock  A.  M. 


JOU]{NAL    OF   THE   CONSTITUTIONAL   CONVENTION,  351 


Thursday,  April  17,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  Charles  H. 
Smith  of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were: 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S.  Bryant, 
Middleton,  Grant,  Loomis,  Miller,  Cheney,  Cooley,  Churchill, 
Condell,  Havens,  Bartlett,  Holcomb,  Bissell,  W.  H.  Hall, 
Willard,  D.  E.  Phelps,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  A.  D. 
Warner,  S.  R.  Woodward,  Fisk,  A.  E.  Smith,  McMahon, 
Stevens,  Griswold,  Meigs,  Lines,  Wallace,  Ford,  Marks,  S.  J. 
Bryant,  Davis,  Hotchkiss,  Wooster,  Russell,  Kendrick,  Upson. 

Xew  London  County.  —  Messrs.  F.  T.  Bro^vn,  Miner, 
Buell,  King,  A.  M.  Brown,  Bailey,  I.  Gillette,  Allyn,  Brom- 
ley, Raymond,  Killeen,  J.  F.  Brown,  Huntington,  Frink, 
Riley,  Hinckley,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  ISTorthrop,  Bell,  Jennings,  Perry,  Wanzer,  C.  H. 
ISTorthrop,  A.  B.  Woodward,  Sanford,  Seymour,  Barnes,  Mer- 
ritt,  Stagg,  O.  Hall,  Wakeman,  Chichester. 

Windliam  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  N. 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beardsley,  Whit- 


352  JOUENAL    OF   THE    CONSTITUTIOX AL    CONVENTION. 

tlesej,  J.  F,  Sniitli,  O'Connor,  Camp,  C.  H.  Smith,  Crofiit, 
D.  T.  Warner,  Etheridge,  Strong,  Woolson. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Markham,  Pelton,  Hubbard,  Purple,  iSTettleton,  Ter- 
rill.  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Xewcomb,  Skinner,  Sumner, 
Collins,  Charter,  Porter,  Storrs,  Kinney,  W.  H.  Hall. 

Those  absent  and  not  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  Pierce,  Redfield,  Maltbie, 
Vance,  Sperry. 

New  Haven  County.  —  Messrs.  D.  T.  Walsh,  Webb,  Mer- 
win,  Whittemore,  Bishop. 

New  London  County.  —  Messrs.  Waller,  Chipman,  Mor- 
gan, E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  K.  J.  Walsh,  Whitlock,  Shel- 
ton.  Mead,  Gorham. 

Windham  County.  —  Messrs.  Boss,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Mallett,  Kirby,  Tyler, 
Brinsmade,  Curtiss. 

Middlesex  County.  —  Messrs.  Brothwell,  Coe,  Blake,  W. 
H.  Smith. 

Tolland  County.  —  Messrs.  Hawkins,  Keeney,  Pinney, 
Phelps. 

Whole  number  answering,     .  ,  .  ,   133 

Those  absent  and  not  answering,    .  .  .35 

The  President  stated  that  the  question  pending  before  the 
Convention  when  it  adjourned  on  Wednesday  was  an  amend- 
ment, offered  by  the  delegate  from  Wallingford,  to  Section 
S  of  Article  Ten  of  the  proposed  Constitution,  and  the  ques- 
tion now  before  the  Convention  was  on  the  passage  of  that 
amendment. 

The  motion  to  amend  was  discussed  by  Messrs.  Northrop  of 
Middletown,  Northrop  of  Newtown,  Smith  of  Winchester, 


JOUKNAL    OF   THE   CONSTITUTIONAL   CONVENTION.  353 

Clark  of  Haclclam,  Daveujjort  of  Bridgeport,  Brown  of  Nor- 
wich. 

The  motion  to  amend  did  not  prevail. 

The  motion  to  adopt  Section  8  of  Article  Ten  then  pre- 
vailed bj  a  rising  vote. 

The  vote  was  as  follows: 

Whole  nmnber  voting,  .  .  .  .94 

jSTecessary  for  passage,  .  .  .         .85 

Those  voting  Yes,  .  .  .94 

Those  voting  No,  .  .  .        0 

The  following  is  the  section  adopted : 

Sec.  3.  No  county,  city,  town,  borough,  or  other  munici- 
pality shall  ever  subscribe  to  the  capital  stock  of  any  railroad 
corporation,  or  become  a  purchaser  of  the  bonds,  or  make 
donation  to,  or  loan  its  credit,  directly  or  indirectly,  in  aid 
of  any  such  corporation;  but  nothing  herein  contained  shall 
affect  the  validity  of  any  bonds  or  debts  incurred  under  exist- 
ing laws,  nor  be  construed  to  prohibit  the  General  Assembly 
from  authorizing  any  town  or  city  to  protect  by  additional 
appropriations  of  money  or  credit  any  railroad  debt  contracted 
prior  to  the  amendment  to  the  Constitution  adopted  Octo- 
ber, 1877. 

CONVENTION   RESOLUTIONS. 

Convention  Kesolution  No.  222.  Mr.  Bailey  of  Groton 
introduced  a  resolution,  passed  by  the  Board  of  Trade  of 
Groton,  in  opposition  to  the  system  of  representation  adopted 
by  the  Convention. 

On  motion  of  Mr.  Bailey  of  Groton,  the  resolution  was 
tabled,  and  ordered  printed. 

Convention  Resolution  No.   223.     Mr.   Warner  of  Salis- 
bury introduced  a  resolution  adopting  Sections  4  and  5  of 
Article  Ten  of  the  proposed  Constitution, 
c.  c— 23 


354  JOURNAL    OF   THE   CONSTITUTIONAL   CONVENTION. 

Mr.  Warner  of  Salisbury  moved  to  amend  by  Schedule 
"  A." 

The  motion  prevailed. 

The  resolution  as  amended  was  then  passed  by  a  rising  vote. 

The  vote  was  as  follows: 

Whole  number  voting,  ....   106 


Necessary  for  passage, 
Those  voting  Yes, 
Those  voting  ]^o, 


.     85 
106 
0 


The  following  is  the  amendment  adopted : 

Schedule  "  A." 

In  Section  5  of  Article  Ten  add,  in  line  5  thereof,  after  the 
word  "  Comptroller,"  the  words  "  or  Attorney-General,"  and 
strike  out  the  word  "  or  "  after  the  word  "  secretary." 

The  following  are  the  sections  adopted  as  amended : 
Sec.  4.  The  rights  and  duties  of  all  corporations  shall  re- 
main as  if  this  Constitution  had.  not  been  adopted ;  with  the 
exception  of  such  regulations  and  restrictions  as  are  contained 
in  this  Constitution.  All  judicial  and  civil  officers  now  in 
office  shall  continue  to  hold  their  offices  until  their  terms  of 
office  shall  expire,  or  until  they  shall  resign,  or  be  removed 
from  office  according  to  law.  All  military  officers  shall  con- 
tinue to  hold  and  exercise  their  respective  offices  until  their 
terms  of  office  shall  expire,  or  until  they  shall  resign,  or  be 
removed  according  to  law.  All  laws  not  contrary  to  or  in- 
consistent with  the  provisions  of  this  Constitution  shall  re- 
main in  force  until  they  shall  expire  by  their  own  limitation, 
or  shall  be  altered  or  repealed  by  the  General  Assembly,  in 
pursuance  of  this  Constitution.  The  validity  of  all  bonds, 
debts,  contracts,  as  well  of  individuals  as  of  bodies  coi^porate, 
or  the  State,  of  all  suits,  actions,  or  rights  of  action,  both  in 


JOURNAL   OF   THE   CONSTITUTIONAL    CONVENTION.  355 

law  and  equity,  slaall  continue  as  if  no  change  had  taken 
place. 

Sec.  5.  ISTo  judge  of  the  Superior  Court,  or  of  the  Su- 
preme Court  of  Errors;  no  member  of  Congress;  no  person 
holding  any  office  under  the  authority  of  the  United  States; 
no  person  holding  the  office  of  Treasurer,  Secretary,  Comp- 
troller, or  Attorney-General;  no  sheriff  or  sheriff's  deputy, 
shall  be  a  member  of  the  General  Assembly. 

Convention  Resolution  No.  224.  Mr.  Etheridge  of  Thom- 
aston  introduced  a  resolution  providing  for  the  adoption  of 
Section  16  of  Article  Three  as  a  part  of  Article  Ten  of  the 
proposed  Constitution. 

Mr.  Etheridge  of  Thomaston  moved  to  amend  by  Sched- 
ule "  A." 

Mr.  Bryant  of  East  Hartford  moved  to  amend  by  Schedule 
"  B." 

Mr.  Etheridge  of  Thomaston  accepted  Schedule  "  B  "  as 
part  of  his  amendment. 

The  motion  to  amend  was  discussed  by  Messrs.  Etheridge 
of  Thomaston,  Bryant  of  East  Hartford,  and  Brown  of  Nor- 
wich. 

The  motion  to  amend  by  Schedule  "  A  "  prevailed. 

The  resolution  was  then  passed  as  amended  by  a  rising  vote. 

The  vote  was  as  follows : 

Whole  number  voting,  ....   104 

Necessary   for  passage,  .  .  .  .85 

Those  voting  Yes,  .  .  .104 

Those  voting  No,  ...        0 

The  amendment,  Schedule  "  A,"  is  as  follows : 
Insert  after  the  word  "  Assembly,"  in  the  first  line  of  Sec- 
tion 3  of  Article  Eive,  the  words  "  except  as  provided  in  Sec- 
tion 3  of  Article  Five." 


356  JOURNAL   OF   THE   CONSTITUTIONAL    CONVENTION. 

In  Section  16,  line  2,  strike  out  the  word  "  or/'  and  in  the 
same  line,  after  the  word  "  district,"  insert  "  or  other  mimici- 
palitj." 

The  section  adopted  as  amended  is  as  follows : 

Sec.  16.  Neither  the  General  Assembly,  except  as  pro- 
vided in  Section  3  of  Article  Five,  nor  any  connty,  city,  bor- 
ough, town,  school  district,  or  other  municipality,  shall  have 
power  to  pay  or  grant  any  extra  compensation  to  any  public 
officer,  employee,  agent,  or  servant,  or  increase  the  compen- 
sation of  any  public  officer  or  employee,  to  take  eilect  during 
the  continuance  in  office  of  any  person  whose  salary  might 
be  increased  thereby,  or  increase  the  pay  or  compensation  of 
any  public  contractor  above  the  amount  specified  in  the  con- 
tract. 

Convention  Resolution  No.  225.  Mr.  Griswold  of  Guil- 
ford introduced  a  resolution  concerning  changes  in  probate 
districts. 

The  resolution  was  discussed  by  Messrs.  Griswold  of  Guil- 
ford, Meigs  of  Madison,  Northrop  of  Middletown,  Warner 
of  Salisbury,  Clark  of  Hartford,  Bryant  of  East  Hartford, 
Brown  of  Norwich,  and  Davenport  of  Bridgeport. 

Mr.  Warner  of  Salisbury  moved  to  amend  by  Schedule 
"  A." 

Mr.  Griswold  of  Guilford  accepted  the  amendment. 

The  resolution  as  amended  was  then  passed  by  a  rising  vote. 

The  vote  was  as  follows: 

Whole  number  voting,  .  .  .  .116 

Necessary  for  passage,  .         .         .         .85 

Those  voting  Yes,  .  .  .113 

Those  voting  No,  ...         3 

The  following  is  the  amended  resolution  as  adopted: 
Eesolved  by  this  Convention : 

That  the  following  be  adopted  as  a  part  of  the  proposed 
Constitution:     No  probate  district  shall  be  changed  or  dis- 


JOURNAL    OF   THE   CONSTITUTIONxVL    CONVENTION.  857 

continued  unless  by  a  majority  vote  of  the  electors  residing  in 
the  town  or  towns  or  parts  of  towns  to  be  added  to  or  taken 
from  said  district  or  discontinued  as  a  district. 

Convention  Eesolution  No.  226.  Mr.  Davenport  of 
Bridgeport  introduced  a  resolution  providing  that  a  ma- 
jority of  the  electors  in  the  State  can  call  a  Constitutional 
Convention. 

The  resolution  was  tabled. 

Convention  Eesolution  ]^[o.  227.  Mr.  Warner  of  Salis- 
bury introduced  a  resolution  adopting  Article  Eleventh  of 
the  proposed  Constitution. 

Mr.  Warner  of  Salisbury  moved  to  amend  by  Schedule 
"  A." 

The  motion  to  amend  was  discussed  by  Messrs.  Warner  of 
Salisbury,  Osborn  of  New  Haven,  and  Davenport  of  Bridge- 
port. 

Mr.  Clark  of  Haddam  moved  that  the  resolution  and 
amendment  be  tabled,  and  printed. 

The  motion  did  not  prevail. 

On  motion  of  Mr.  Merritt  of  Stamford,  the  previous  ques- 
tion was  ordered. 

On  motion  of  Mr.  Davenport  of  Bridgeport,  the  Yeas  and 
Nays  were  ordered. 

The  motion  to  amend  by  Schedule  "  A  "  prevailed. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Holmes,  Jarvis,  Dickinson, 
Loomis,  Miller,  Cooley,  Bartlett,  Holcomb,  Bissell,  Willard, 
D.  E.  Phelps,  Healy. 

New  Haven  County.  —  Messrs.  S.  E.  Woodward,  A.  E. 
Smith,  Stevens,  Griswold,  Meigs,  Wallace,  Ford,  Davis, 
Hotchkiss,  Eussell. 


368  JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 

New  London  County.  —  Messrs.  Miner,  King,  A.  M. 
Brown,  I.  Gillette,  Allyn,  Bromley,  Raymond,  Killeen, 
Frink,  Hinckley,  C.  A.  Gallup. 

Fairfield  Connty.  —  Messrs.  Woodman,  E.  H.  Northrop, 
Bell,  Jennings,  Perry,  Wanzer,  Sanford,  Barnes,  O.  Hall, 
Wakeman. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  N. 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Belden,  J.  H.  Smith,  Kellogg,  Ely,  Beardsley,  Whittlesey, 
J.  F.  Smith,  O^Connor,  Camp,  Crofut,  D.  T.  Warner,  Ether- 
idge.  Strong,  Woolson. 

Middlesex  County.  —  Messrs.  G.  M.  Clark,  Hubbard,  Pur- 
ple, Nettleton,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  ISTewcomb,  Skinner,  Sumner, 
Collins,  Charter,  Porter,  Storrs,  Kinney,  W.  H.  Hall. 

Those  voting  Nay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  W.  M.  Brown, 
Sears,  P.  S.  Bryant,  Grant,  Cheney,  Churchill,  Condell. 

New  Haven  County.  —  Messrs.  Osborn,  Guilf oile,  A.  D. 
Warner,  Fisk,  McMahon,  Lines,  Marks,  S.  J.  Bryant,  Ken- 
drick,  Upson. 

New  London  County.  —  Messrs.  F.  T.  Brown,  Buell, 
Bailey. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  C.  H. 
Northrop,  A.  B.  Woodward,  Seymour,  Merritt,  Stagg,  Chi- 
chester. 

AVindham  County.  —  Mr.  Chandler. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  Terrill. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Pierce,  E.  S.  Gillette,  Mid- 
dleton,  Eedfield,  Maltbie,  Vance,  Havens,  Sperry,  W.  H. 
Hall. 


JOUKNxiL   OF   THE   CONSTITUTIONAL    CONVENTION.  369 

l^ew  Haven  Coimtj.  —  Messrs.  D.  T.  Walsh,  Webb,  Mer- 
win,  Whittemore,  Wooster,  Bishop. 

New  London  County.  —  Messrs.  Waller,  Chipman,  J.  F. 
Brown,  Huntington,  Morgan,  Eiley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  K.  J.  Walsh,  Whitlock,  Shel- 
ton.  Mead,  Gorham. 

Windham  County.  —  Messrs.  Boss,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Mallett,  Wright,  C. 
H.  Smith,  Kirby,  Fyler,  Brinsmade,  Curtiss. 

Middlesex  County.  —  Messrs.  Markham,  Brothwell,  Pel- 
ton,  Coe,  Blake,  W.  H.  Smith. 

Tolland  County.  —  Messrs.  Hawkins,  Keeney,  Pinney, 
Phelps. 

Whole  number  voting,  .  .  .  .120 

Necessary  for  passage,  .  .  .  .61 

Those  voting  Yea,  .  .  .88 

Those  voting  Nay,  .  .  .32 

[Vice-President  Perry  in  the  Chair.] 

Mr.  Clark  of  Hartford  moved  to  amend  by  Schedule  "  B." 
The  motion  to  amend  was  discussed  by  Messrs.  Clark  of 
Hartford  and  Clark  of  Haddam. 

The  motion  to  amend  did  not  prevail. 

[The  President  in  the  Chair.] 

Mr.  Clark  of  Hartford  moved  to  amend  by  Schedule  "  C." 
The  motion  to  amend  was  discussed  by  Mr.  Clark  of  Hart- 
ford. 

Mr.  Perry  of  Fairfield  moved  to  amend  by  Schedule  "  D." 
The  motion  to  amend  was  discussed  by  Messrs,  Perry  of 
Fairfield,  Clark  of  Haddam,  and  Smith  of  Winchester. 
The  motion  to  amend  by  Schedule  "  D  "  did  not  prevail. 
The  motion  to  amend  by  Schedule  "  C  "  did  not  prevail. 


360  JOURNAL    OF   THE   COXSTITUTIOXAL    CONVEXTIOX. 

Mr.  Milner  of  Plainfield  moved  that  the  Convention  take 
a  recess  until  2.15  o'clock  P.  M. 

The  motion  did  not  prevail. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Conven- 
tion Eesolution  No.  162,  a  resolution  providing  for  an  initia- 
tive and  referendimi,  as  Schedule  "  D." 

Mr.  Warner  of  Salisbury  raised  the  point  of  order  that 
the  amendment  was  not  germane  to  the  article  sought  to  be 
amended,  and  therefore  was  not  in  order. 

The  President  ruled  that  the  point  of  order  was  well  taken. 

Mr.  Woodward  of  ISTorwalk  moved  to  amend  by  Schedule 

The  motion  was  discussed  by  Messrs.  Woodward  of  Xor- 
walk,  Etheridge  of  Thomaston,  and  Brown  of  Xorwich. 

The  motion  to  amend  by  Schedule  "  E  "  prevailed. 

Mr.  Warner  of  Salisbury  moved  that  the  Convention  ad- 
journ until  next  Tuesday  at  12.30  o'clock  P.  M. 

Mr.  Perry  of  Faii*field  moved  to  amend  by  striking  out  the 
words  "  next  Tuesday  at  12.30  o'clock  P.  M."  and  inserting 
in  lieu  thereof  the  words  "  a  week  from  next  Wednesday  at 
12.30  o'clock  P.  M." 

The  motion  to  amend  was  discussed  by  Messrs.  Perry  of 
Fairfield  and  Warner  of  Salisbury. 

The  motion  to  amend  did  not  prevail. 

Mr.  Warner  of  Salisbury,  by  unanimous  consent,  with- 
drew his  motion  to  adjourn. 

Mr.  Healy  of  Windsor  Locks  moved  that  the  Convention 
adjourn  until  next  Tuesday  at  12.30  o'clock  P.  M. 

The  motion  did  not  prevail. 

Mr.  Woodward  of  ISTorwalk  moved  to  amend  by  Schedule 
"  F." 

The  motion  to  amend  was  discussed  by  Mr.  Woodward  of 
ISTorwalk. 

The  motion  to  amend  by  Schedule  "  F  "  prevailed. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  by  Conven- 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION.  361 

tion  Resolution  JSTo.  226,  a  resolution  concerning  the  calling 
of  a  Constitutional  Convention  by  a  majority  of  the  electors 
of  the  State,  as  Schedule  "  G." 

The  motion  to  amend  was  discussed  by  Mr.  Davenport  of 
Bridgeport. 

On  motion  of  Mr.  Etheridge  of  Thomaston,  the  previous 
question  was  ordered. 

The  motion  to  amend  by  Schedule  "  G  "  did  not  prevail. 

The  resolution  as  amended  was  then  rejected  by  a  rising 
vote. 

The  vote  was  as  follows : 

Whole  number  voting,  .  .  .  .91 

Necessary  for  passage,  .  .  .  .85 

Those  voting  Yes,  .  .  .75 

Those  voting  ISTo,  .  .  .16 

Mr.  Etheridge  of  Thomaston  moved  that  the  Convention 
reconsider  its  action  in  rejecting  the  resolution  adopting  Arti- 
cle Eleventh  as  amended. 

The  motion  prevailed. 

Mr.  Etheridge  of  Thomaston  moved  that  the  resolution  and 
the  amendments  thereto  be  made  the  Order  of  the  Day  for 
Tuesday,  April  2 2d,  at  12.30  o'clock  P.  M. 

The  motion  prevailed. 

The  following  are  the  amendments  adopted: 

Schedule  "  A." 
Resolved  by  this  Convention  : 

That  the  following  provision  be  incorporated  in  the  article 
concerning  amendments :  The  same  formalities  and  requi- 
sites necessary  in  altering  or  amending  the  Constitution  shall 
be  required  in  calling  a  Constitutional  Convention,  and  no 
Convention  shall  be  called  unless  a  majority  of  the  registered 
electors  shall  vote  in  favor  of  such  Convention. 


362 


JOUKNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 


Schedule  "  E." 

In  lines  14  and  15  strike  out  the  word  "  inhabitants."  In- 
sert in  lieu  thereof  the  word  "  electors." 

In  line  15  strike  ont  the  word  "  town."  Insert  in  lieu 
thereof  the  word  "  electors." 

Schedule  "  F." 

In  line  10  strike  out  the  words  "  sessions  of  said."  Insert 
in  lieu  thereof  the  word  "  general." 

Convention  Resolution  'No.  84  (see  Convention  Journal, 
January  15th),  a  resolution  concerning  the  election  of  state's 
attorneys,  was  taken  from  the  table,  on  motion  of  Mr.  l^or- 
throp  of  Middletown. 

By  unanimous  consent,  Mr.  ISTorthrop  of  Middletown  with- 
drew the  resolution. 

Convention  Resolution  No.  162  (see  Convention  Journal, 
February  13th),  a  resolution  providing  for  an  initiative  and 
referendum  law,  was  taken  from  the  table,  on  motion  of  Mr. 
Lines  of  Meriden. 

By  unanimous  consent,  Mr.  Lines  of  Meriden  withdrew 
the  resolution. 

On  motion  of  Mr.  Loomis  of  Glastonbury,  the  Convention, 
at  2.15  o'clock  P.  M.,  adjourned  to  meet  on  Tuesday,  at  12.30 
o'clock  P.  M. 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION.  363 


Tuesday,  April  22,  1902. 

The  Convention  was  called  to  order  at  12.30  P.  M.,  the 
President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  "William  Martin 
Brown  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Loomis,  Miller,  Cheney,  Cooley, 
Churchill,  Condell,  Havens,  Bartlett,  Holcomb,  Sperry,  Bis- 
sell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

jSTew  Haven  County.  —  Messrs.  Osborn,  Guilf oile,  D.  T. 
Walsh,  S.  R  Woodward,  Eisk,  A.  E.  Smith,  McMahon, 
Stevens,  Griswold,  Meigs,  Lines,  Eord,  Marks,  S.  J.  Bryant, 
Davis,  Hotchkiss,  Wooster,  Russell,  Kendrick,  Upson,  Bishop. 

ISTew  London  County.  —  Messrs.  Waller,  E.  T.  Brown, 
Miner,  Buell,  King,  A.  M.  Brown,  Bailey,  I.  Gillette,  Allyn, 
Bromley,  Killeen,  J.  F.  Brown,  Erink,  Morgan,  Hinckley, 
E.  B.  Gallup,  C.  A.  Gallup. 

Eairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, Bell,  Jennings,  Perry,  Whitlock,  Shelton,  Mead,  Wan- 
zer,  C.  H.  Northrop,  A.  B.  WoodAvard,  Sanford,  Seymour, 
Barnes,  Merritt,  Stagg,  O.  Elall,  Gorham,  Wakeman,  Chi- 
chester. 

Windham  County.  —  Messrs.  Eitts,  Evans,  L,  'N.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott,  Waldo, 
Hunt,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beards- 


364  JOUKXAL    OF   THE   COXSTITUTIONAL   COXVEXTIOIS". 

ley,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H.  Smith, 
Crofut,  D.  T.  "Warner,  Etheridge,  Strong,  Brinsmade,  Wool- 
son,  Curtiss. 

Middlesex  Coimtv.  —  Messrs.  D.  W.  E'orthrop,  G.  M. 
Clark,  Markham,  Coe,  Hubhard,  Purple,  Blake,  ISFettleton, 
Terrill,  W.  H.  Smith,  Hale,  L'Hommedieii,  Post. 

Tolland  County.  —  Messrs.  ISTewcomlj,  Skinner,  Snmner, 
Collins,  Hawkins,  Porter,  Storrs,  Pinney,  Kinney,  Phelps, 
W.  H.  Hall. 

Those  absent  and  not  answering  were : 

Hartford  County.  —  Messrs.  Pierce,  Kedfield,  Vance. 

ISTew  Haven  County.  —  Messrs.  Webb,  Wallace,  Merwin, 
Whittemore. 

Xew  London  County.  —  Messrs.  Chipman,  Paymond, 
Huntington,  Riley. 

Fairfield  County.  —  Messrs.  E.  H.  Xorthrop,  E.  J.  Walsh. 

Windham  County.  —  Messrs.  Boss,  Bugbee. 

Litchfield  County.  —  Messrs.  Hayes,  Kirby,  Fyler. 

Middlesex  County.  —  Messrs.  Brothwell,  Pelton. 

Tolland  County.  —  Messrs.  Charter,  Keeney. 

]S[umber  answering,       .....   145 
Number  not  answering,  .  .  .  .23 

CONVENTION   RESOLUTIONS. 

Convention  Eesolution  'No.  228.  Mr.  AValler  of  New 
London  introduced  a  resolution  providing  that  no  more  than 
eight  hours  should  constitute  a  lawful  day's  work  on  all  State 
and  municipal  works. 

The  resolution  was  tabled. 

Convention  Eesolution  jSTo.  229.  Mr.  Waller  of  New 
London  introduced  a  resolution  providing  that  the  decision 
of  a  majority  of  the  members  of  the  Board  of  Pardons  shall 
be  the  decision  of  the  board. 

The  resolution  was  tabled. 


JOUENAL   OF   THE   CONSTITUTIONAL   CONVENTION.  365 

Convention  Resolution  No.  230.  Mr.  Davenport  of 
Bridgeport  introduced  a  resolution  concerning  special  legis- 
lation, municipal  charters,  and  railroads,  providing  that  cor- 
porations other  than  municipal  shall  not  be  chartered  by 
special  laws  when  the  object  can  be  obtained  under  general 
laws,  providing  for  the  organization  of  municipal  corpora- 
tions under  general  laws,  giving  the  legislature  powers  re- 
garding regulation  of  railroad  traffic  and  rates,  and  regu- 
lating the  rights  of  employees  of  railroads  concerning  per- 
sonal injuries. 
-     The  resolution  was  tabled. 

OEDER  OF  THE  DAY,  12.30  O'CLOCK  P.  M. 

Convention  Resolution  jSTo.  227.  (See  Convention  Journal, 
April  17th.)  A  resolution  adopting  Article  Eleventh  of  the 
proposed  Constitution  was  taken  from  the  table,  on  motion 
of  Mr.  Warner  of  Salisbury. 

The  President  stated  that  the  question  before  the  Conven- 
tion was  upon  the  adoption  of  Article  Eleventh  of  the  Con- 
stitution as  amended  by  Schedules  "A,"  "  E,"  and  "  E." 
(See  Convention  Journal,  April  I7th.) 

Mr.  Brinsmade  of  Washington  moved  to  amend  by  Sched- 
ule "  H." 

The  amendment  w^as  discussed  by  Mr.  Brinsmade  of  Wash- 
ington. 

The  amendment.  Schedule  "  H,"  prevailed. 

Article  Eleventh  as  amended  was  discussed  by  Mr.  Brown 
of  ISTorwich. 

Mr.  Perry  of  Fairfield  moved  to  amend  by  Schedule  "  I." 

The  amendilient  was  discussed  by  Messrs.  Perry  of  Fair- 
field, Warner  of  Salisbury,  Waller  of  N"ew  London,  Clark 
of  Haddam,  Northrop  of  Middletown,  Guilfoile  of  Water- 
bury,  Davenport  of  Bridgeport. 

Mr.  Osborn  of  ISTew  Haven  moved  that  the  previous  ques- 
tion be  ordered  on  the  pending  amendment. 


366  JOURNAL    OF   THE   COXSTITUTIOXAL   COXVEXTIOX. 

Mr.  Waller  of  iSTew  London  moved  to  amend  the  amend- 
ment. 

Mr.  Loomis  of  Glastonbury  raised  the  point  of  order  that 
the  previous  question  had  been  moved,  and  amendments  were 
not  in  order  until  the  motion  for  the  previous  question  had 
been  disposed  of. 

The  President  ruled  that  the  point  of  order  was  well  taken. 

The  previous  question  was  then  ordered. 

The  amendment,  Schedule  "  I,"  prevailed. 

Mr.  Waldo  of  Scotland  moved  to  amend  by  Schedule  "  J." 

Mr.  Waller  of  I^ew  London  moved  to  amend  by  Schedule 
"  K,"  so  that  the  vote  requisite  for  ordering  a  Constitutional 
Convention  should  be  a  majority  of  all  votes  cast  by  the 
electors  of  the  State  instead  of  a  majority  of  the  registered 
electors  of  the  State. 

The  amendment  was  discussed  by  Mr.  Waller  of  J^ew 
London. 

The  amendment,  Schedule  "  K,"  did  not  prevail. 

The  amendment,  Schedule  "  J,"  was  discussed  by  Messrs. 
Guilfoile  of  Waterbury,  Osborn  of  N^ew  Haven,  Waldo  of 
Scotland,  Clark  of  Hartford,  Warner  of  Salisbury,  and 
Davenport  of  Bridgeport. 

The  amendment.  Schedule  "  J,"  prevailed. 

Mr.  Guilfoile  of  Waterbury  moved  that  the  vote  on  Article 
Eleventh,  as  amended,  be  taken  by  Yeas  and  ISTays. 

The  motion  did  not  prevail. 

Article  Eleventh,  as  amended,  was  then  adopted  by  a 
rising  vote. 

The  vote  was  as  follows : 

Whole   number  voting,  .  .  .  .123 

ISTecessary  for  passage,  .  .  .  .  .85 

ISTumber  voting  Yes,  .  .  .102 

Number  voting  Iso,  .  .  .21 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION.  367 

The  following  are  tlie  amendments  adopted: 

Schedule  "  H." 

Amend  by  substituting  in  first  line  the  word  "  either  "  for 
"  the,"  and  the  words  "  the  General  Assembly  "  for  "  Eep- 
resentatives." 

Schedule  "  I." 

Amend  by  erasing  "  two-thirds  of  "  in  line  7  and  inserting 
in  lieu  thereof  "'  a  majority  of  the  members  elected  to." 

Schedule  "  J." 

Strike  out  lines  20  to  25  of  "File  E"o.  147  and  substitute 
the  following :  "  ISTo  call  for  a  Constitutional  Convention 
shall  be  submitted  to  the  people  unless  the  General  Assembly 
by  a  majority  vote  in  each  house  vote  for  such  submission, 
and  no  Constitutional  Convention  shall  be  called  unless  it 
shall  receive  a  majority  vote  of  the  registered  electors  of  the 
State." 

Following  is  the  article  adopted,  as  amended: 

Article  Eleventh. 

OF  AMENDMENTS  TO  THE  CONSTITUTION. 

Whenever  a  majority  of  either  house  of  the  General  Assem- 
bly shall  deem  it  necessary  to  alter  or  amend  this  Constitution, 
they  may  propose  such  alteration  and  amendments;  which 
proposed  amendments  shall  be  continued  to  the  next  General 
Assembly,  and  be  published  wutli  the  laws  which  may  have 
been  passed  at  the  same  session;  and  if  a  majority  of  the 
members  elected  to  each  house,  at  the  next  General  Assembly, 
shall  approve  the  amendments  proposed,  by  yeas  and  nays, 
said  amendments  shall,  by  the  Secretary,  be  transmitted  to 
the  town  clerk  in  each  town  in  the  State;  w-hose  duty  it  shall 


368  JOURXAL   OF   THE   CONSTITUTIONAL    CONVENTION. 

be  to  present  the  same  to  the  electors  thereof,  for  their  con- 
sideration, at  an  electors'  meeting,  legally  warned  and  held 
for  that  purpose;  and  if  it  shall  appear,  in  a  manner  to  be 
provided  by  law,  that  a  majority  of  the  electors  present  at 
such  meeting  shall  have  approved  such  amendments,  the 
same  shall  be  valid,  to  all  intents  and  purposes,  as  a  part  of 
this  Constitution. 

jSTo  call  for  a  Constitutional  Convention  shall  be  submitted 
to  the  people  unless  the  General  Assembly,  by  a  majority  vote 
in  each  house,  vote  for  such  submission,  and  no  Constitu- 
tional Convention  shall  be  called  unless  it  shall  receive  a 
majority  vote  of  the  registered  electors  of  the  State. 

CONVENTION    RESOLUTION. 

Convention  Resolution  No.  231.  Mr.  Hall  of  Willington 
introduced  a  resolution  paying  the  Clerks  of  the  Convention 
for  services  and  expenses. 

On  motion  of  Mr.  Perry  of  Fairfield,  the  resolution  w^as 
tabled. 

Mr.  Perry  of  Fairfield  moved  that  the  Convention  adjourn 
to  meet  on  Wednesday,  April  30th,  at  12.30  o'clock  P.  M. 

The  motion  was  discussed  by  Messrs.  Clark  of  Haddam 
and  Waller  of  New  London. 

Mr.  Milner  of  Plainfield  moved  to  amend  the  motion  by 
substituting  the  w'ord  Tuesday  for  the  word  Wednesday. 

The  amendment  was  discussed  by  Messrs.  Davenport  of 
Bridgeport,  Warner  of  Salisbury,  and  Waller  of  New  London. 

Mr.  Milner  of  Plainfield  withdrew  his  amendment. 

The  motion  then  prevailed,  and  the  Convention,  at  3.06 
o'clock,  adjourned  to  meet  on  Wednesday,  April  30th,  at 
12.30  o'clock  P.  M. 


JOTJENAL   OF   THE   CONSTITUTIONAL   CONVENTIOIT.  369 


Wednesday,  April  30,  1902. 

The  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Pev.  Charles  H. 
Smith  of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  Sears,  Dickinson,  P.  S.  Bryant.  Mid- 
dleton,  Grant,  Loomis,  Maltbie,  Miller,  Cheney,  Cooley, 
Churchill,  Condell,  Havens,  Bartlett,  Holcomb,  Sperry,  Bis- 
sell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

ISTew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  E.  Woodward,  Fisk,  A.  E.  Smith, 
Stevens,  Griswold,  Webb,  Meigs,  Lines,  Wallace,  Merwin, 
Whittemore,  Ford,  Marks,  S.  J.  Bryant,  Davis,  Hotchkiss, 
Wooster,  Eussell,  Kendrick,  Upson,  Bishop. 

Xew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Bromley,  Killeen,  J.  F.  Brown,  Huntington, 
Frink,  Kiley,  Hinckley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  I^orthrop,  Bell,  Jennings,  Perry,  E.  J.  Walsh, 
Whitlock,  Shelton,  Wanzer,  C.  H.  N'orthrop,  A.  B.  Wood- 
ward, Sanford,  Seymour,  Barnes,  Merritt,  Stagg,  O.  Hall, 
Wakeman. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Groesbeck, 
Latham,  Burnham,  Somes,  Milner,  Elliott,  Waldo,  Chandler, 
Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely„ 
c.  c— 24 


370 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 


Beardslej,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H. 
Smith,  Crofut,  D.  T.  Warner,  Kirby,  Etheridge,  Strong, 
Brinsmade,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  D.  W.  ITorthrop,  G.  M. 
Clark,  Markham,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple, 
Blake,  Nettleton,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedieu, 
Post. 

Tolland  County.  —  Messrs.  Newcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Pinney, 
Kinney,  Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  were : 

Hartford  County. — Messrs.  E.  S.  Gillette,  Redfield.  Vance. 
JSTew  Haven  County.  —  Mr.  McMahon. 
'New  London  County.  —  Messrs.  Raymond,  Morgan. 
Eairfield  County.  —  Messrs.  Mead,  Gorham,  Chichester. 
Windham  County.  —  Messrs.  Boss,  Evans,  L.   jST.   Clark, 
Hunt. 

Litchfield  County.  —  Mr.  Fyler. 

Whole   number   answering,    .  .  .  .155 

Those  absent  and  not  answering,  .  .  .     13        ^ 

REPORT   OF   A   COMMITTEE. 

Mr.  Perry  of  Fairfield,  Chairman  of  the  committee  ap- 
pointed to  prepare  and  report  on  a  final  draft  of  the  Constitu- 
tion, presented  a  draft  thereof  (File  ISTo.  151),  together  with 
an  accompanying  report,  recommending  its  passage. 

The  report  is  as  follows : 
To  the  Constitutional  Convention : 

The  Committee  appointed  to  put  the  entire  Constitution, 
when  finally  approved  in  articles  by  the  Convention,  into 
proper  form  for  submission  to  the  people,  recommends  the 
arrangement  and  phraseology  of  the  draft  thereof  which  ac- 
companies this  report. 

Although  confined  by  the  terms  of  our  appointment  to  rec- 
ommendations relating  to  the  form  in  which  principles  al- 


JOURNAL    OF   THE   CONSTITUTIOXAL   CONVENTION.  371 

ready  adopted  should  be  expressed,  we  venture  to  also  call 
the  attention  of  the  Convention  to  the  following  facts : 

1.  The  expression  "  and  at  such  other  times  as  the  Gen- 
eral Assembly  shall  judge  necessary,"  occurring  in  lines  5  and 
6,  Sec.  2,  Art.  3,  seems  to  permit  the  ordering  of  annual, 
semi-annual,  or  even  more  frequent  "  stated  sessions  "  by 
mere  legislative  act. 

2.  Inasmuch  as  the  proposed  Constitution  will  become 
operative  immediately  upon  its  adoption,  it  is  not  clear  how 
a  lawful  General  Assembly  could  thereafter  convene,  inas- 
much as  —  among  other  reasons  —  the  new  districts  from 
which  the  Senators  must  come  could  not  be  established. 

3.  Sec.  13,  Art.  3,  authorizes  the  General  Assembly  to 
provide  by  law  for  the  transportation  of  its  members,  but 
leaves  the  exercise  of  that  power  optional  with  it.  The  last 
paragraph  of  the  section,  however,  makes  it  obligatory  upon 
the  Comptroller  to  do  the  same  thing,  thus  placing  the  matter 
of  transportation  under  two  separate  and  independent  juris- 
dictions, one  of  which  may  and  the  other  of  which  must  act. 

4.  Sec.  11,  Art.  4,  does  not  seem  to  be  complete  without 
the  addition  of  the  words  "  unless  the  General  Assembly  by 
adjournment  prevents  such  return,"  at  the  end  of  the  section. 

5.  It  is  thought  that  the  tribunal  authorized  by  Sec.  6, 
Art.  5,  should  also  have  jurisdiction  over  questions  of  law,  if 
the  apparent  desire  of  the  Convention  is  to  be  accomplished. 

The  foregoing  suggestions  are  made  in  order  that  the  Con- 
vention may  take  further  action  in  the  premises,  if  it  so 
desires. 

All  of  which  is  respectfully  submitted. 

Hartford,  Conn.,  April  30,   1902. 

JOHA^  H.  PERRY, 

DOls^ALD  T.  WAR:XER, 

LEWIS  SPERRY, 

F.  T.  BROWIs', 

ASA  B.  WOODWARD. 


372        jouk:n'al  of  the  coxstitutioxal  convention. 

Mr.  Merritt  of  Stamford  moved  that  the  report  of  the  com- 
mittee be  received. 

The  mot-ion  prevailed. 

Mr.  Perry  of  Fairfield  moved  to  amend  Article  3  by  Sched- 
ule "  A." 

The  motion  to  amend  was  discussed  by  Messrs.  Perry  of 
Fairfield,  Davenport  of  Bridgeport,  and  Warner  of  Salisbury. 

The  amendment,  Schedule  "  A,"  was  adopted  by  a  rising 
vote. 

The  amendment  is  as  follows : 

Schedule  "  A." 

In  Article  3,  Section  2,  lines  5  and  6,  strike  out  the  words 
"  and  at  such  other  times  as  the  General  Assembly  shall  judge 
necessary." 

Mr.  Warner  of  Salisbury  moved  to  amend  by  Schedule 
"  B." 

The  motion  to  amend  was  discussed  by  Messrs.  Warner  of 
Salisbury,  Northrop  of  Middletown,  Osborn  of  jSTew  Haven, 
Perry  of  Fairfield,  and  Phelps  of  Vernon. 

Mr.  Sperry  of  South  Windsor  moved  to  amend  by  Schedule 
"  C,"  providing  for  representation  based  upon  population. 

(Mr.  Brinsmade  of  Washington  in  the  Chair.) 

The  motion  to  amend  by  Schedule  "  C  "  was  discussed  by 
Messrs.  Sperry  of  South  Windsor,  Warner  of  Salisbury,  Wal- 
ler of  ISTew  London,  and  Walsh  of  Greenwich. 

(The  President  in  the  Chair.) 

The  motion  to  amend  by  Schedule  "  C  "  was  further  dis- 
cussed by  Messrs.  Dempsey  of  Danbury,  ISTorthrop  of  Middle- 
town,  Griswold  of  Guilford,  Brown  of  I^orwich,  and  Bowen 
of  Woodstock. 

On  motion  of  Mr.  Hall  of  Willington,  the  previous  ques- 
tion was  ordered. 


JOURNAL    OF   THE   CONSTITUTIONAL    CONVENTION,  373 

Mr.  Waller  of  Xew  London  raised  the  point  of  order  that 
Schedule  "  C  "  was  out  of  order,  because  it  was  not  germane 
to  the  amendment  which  it  proposed  to  amend. 

The  President  ruled  that  the  point  of  order  could  not  be 
entertained  at  this  stage  of  the  question,  as  the  previous  ques- 
tion had  been  ordered  on  the  passage  of  the  amendment. 

Mr.  Osborn  of  JSTew  Haven  moved  that  when  the  vote  be 
taken  on  the  passage  of  the  amendment,  it  be  by  Yeas  and 
Nays. 

The  motion  prevailed. 

The  motion  to  amend  by  Schedule  "  C  "  did  not  prevail. 

The  vote  was  as  follows : 

Those  voting  Yea  were  : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  Pierce,  Sears,  P.  S.  Bryant,  Grant,  Cheney,  Churchill, 
Condell,  Holcomb,  Sperry,  Healy. 

]^ew  Haven  County.  —  Messrs.  Osborn,  Guilf oile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  E.  Woodward,  A.  E.  Smith,  Webb, 
Lines,  Wallace,  Merwin,  Whittemore,  Marks,  S.  J.  Bryant, 
Davis,  Wooster,  Kendrick,  Upson,  Bishop. 

l^ew  London  County.  —  Messrs.  F.  T.  Brown,  Buell, 
Bailey,  Allyn,  J.  F.  Brown,  Huntington,  Hinckley. 

Fairfield  County.  —  Messrs.  Davenport,  Jennings,  Perry, 
E.  J.  Walsh,  Shelton,  C.  H.  IS^orthrop,  A.  B.  Woodward, 
Merritt,  Stagg,  Wakeman. 

Windham  County.  —  Messrs.  Bugbee,  Milner,  Chandler. 

Litchfield  County.  —  Messrs.  AYhittlesey,  Kirby. 

Middlesex  County.  —  Messrs.  D.  W.  Xorthrop,  Markham, 
Brothwell,  Blake,  Terrill. 

Tolland  County.  —  Messrs.  Skinner,  Keeney,  Pinney, 
Phelps,  W.  H.  Hall. 

Those  voting  Xay  were : 

Hartford  County.  —  Messrs.  Holmes,  Dickinson,  Middle- 


374  JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 

ton,  Loomis,  Maltbie,  Miller,  Cooley,  Havens,  Bartlett,  Bis- 
sell,  Willard,  D.  E.  Phelps. 

New  Haven  County.  —  Messrs.  Fisk,  Griswold,  Meigs, 
Ford,  Hotclikiss,  Russell. 

]^ew  London  County.  —  Messrs.  Waller,  Miner,  Cbipman, 
King,  A.  M.  Brown,  I.  Gillette,  Bromley,  Killeen,  Frink, 
Eiley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  Woodman,  E.  H. 
i^ortlirop.  Bell,  Wanzer,  Sanford,  Barnes,  O.  Hall,  Gorham, 
Chichester. 

Windham  County.  —  Messrs.  Fitts,  Groesbeck,  Latham, 
Burnham,  Somes,  Elliott,  Waldo,  Bowen.    ■ 

Litchfield  County.  —  Messrs.  AV.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 
Beardsley,  J.  F.  Smith,  O'Connor,  Camp,  C.  H.  Smith,  Cro- 
fut,  D.  T.  Warner,  Etheridge,  Strong,  Brinsmade,  Woolson, 
Curtiss. 

Middlesex  County.  —  Messrs.  G.  M.  Clark,  Pelton,  Coe, 
Hubbard,  Purple,  Nettleton,  W.  H.  Smith,  Hale,  L'Homme- 
dieu,  Post. 

Tolland  County.  —  Messrs.  Newcomb,  Sumner,  Collins, 
Hawkins,  Charter,  Porter,  Storrs,  Kinney. 

Those  absent  and  not  voting  were : 

Hartford  County.—  Messrs.  E.  S.  Gillette,  Redfield,  Vance, 
W.  H.  Hall. 

ISTew  Haven  County.  —  Messrs.  McMahon,  Stevens. 

jS^ew  London  County.  —  Messrs.  Raymond,  Morgan. 

Fairfield  County.  —  Messrs.  Whitlock,  Mead,  Seymour. 

Windham  County.  —  Messrs.  Boss, ,  Evans,  L.  IN".  Clark, 
Hunt. 

Litchfield  County.  —  Mr.  Fyler. 

Whole  number  voting,  .  .  .  .          .151 

Xecessary  for  passage,    .  .  .  .          .85 

Those  voting  Yea,  .  .  .       63 

Those  voting  Nay,  .  .  .88 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION.  375 

Mr.  Waller  of  iSTew  London  moved  that  the  Convention 
adjourn. 

The  motion  did  not  prevail. 

The  motion  to  amend  by  Schedule  "  B  "  was  then  discussed 
by  Messrs.  Warner  of  Salisbury,  Osborn  of  New  Haven,  Perry 
of  Fairfield,  Sperry  of  South  Windsor,  and  Brown  of  Nor- 
wich. 

The  motion  to  amend  by  Schedule  "  B  "  then  prevailed  by 
a  rising  vote. 

The  amendment  adopted  is  as  follows : 

Schedule  "  B." 

Add  at  the  beginning  of  Section  3  of  Article  Third  of  the 
proposed  Constitution  the  words  "  on  and  after  the  Wednes- 
day after  the  first  Monday  of  January,  1905." 

Add  at  the  beginning  of  Section  4  of  Article  Third  of  the 
proposed  Constitution  the  words  "  on  and  after  the  first  Mon- 
day of  January,  1905." 

The  President  stated  that  the  question  now  pending  before 
the  Convention  was  the  adoption  of  Article  Third  as  amended 
by  Schedules  "  A  "  and  "  B." 

On  motion  of  Mr.  Warner  of  Salisbury,  the  Convention,  at 
4.18  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday,  at  11 
o'clock  A.  M. 


376  JOURNAL    OF   THE   CONSTITUTIONAL   CONVENTION. 


Thursday,  May  1,  1902. 

The  Convention  was  called  to  order  at  11.30  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  William  Martin 
Brown  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Loomis,  Maltbie,  Miller,  Cheney, 
Cooley,  Churchill,  Condell,  Havens,  Bartlett,  Holcomb, 
Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  E.  Woodward,  Eisk,  A.  E.  Smith, 
McMahon,  Stevens,  Griswold,  Webb,  Meigs,  Lines,  Wallace, 
Merwin,  Whittemore,  Ford,  Marks,  S.  J.  Bryant,  Davis, 
Hotchkiss,  AVooster,  Russell,  Kendrick,  Upson,  Bishop. 

l^ew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Bromley,  Raymond,  Killeen,  J.  E.  Brown, 
Huntington,  Frink,  Morgan,  Riley,  Hinckley,  E.  B.  Gallup, 
C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  AVood- 
man,  E.  H.  Northrop,  Bell,  Jennings,  Perry,  Shelton,  Mead, 
Wanzer,  C.  H.  Northrop,  A.  B.  Woodward,  Sanford,  Barnes, 
Merritt,  Stagg,  O.  Hall,  Gorham,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  N. 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 


JOURNAL   OF   THE   CONSTITUTIONAL    CONVENTION.  377 

t 

Beardslej,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H. 
Smith,  Crofut,  D.  T.  Warner,  Kirbj,  Etheridge,  Strong, 
Brinsmade,  Woolson,  Cnrtiss. 

Middlesex  County.  —  Messrs.  D.  W.  K'orthrop,  G.  M. 
Clark,  Markham,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple, 
Blake,  Xettleton,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedieu, 
Post. 

Tolland  County.  —  Messrs.  Newcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Pinney,  Kinney, 
Phelps,  W.  H.  HaU. 

Those  absent  and  not  answering  were : 

Hartford  County.  —  Messrs.  Eedfield,  Vance. 
Fairfield    County.  —  Messrs.    K.    J.    Walsh,    Whitlock, 
Seymour. 

Windham  County.  —  Messrs.  Boss,  Hunt. 
Litchfield  County.  —  Mr.  Tyler. 
Tolland  County.  —  Mr.  Keeney. 

Whole   number   answering,    .  .  .  .159 

Number  absent  and  not  answering,        .  .        9 

Mr.  Perry  of  Fairfield  moved  that  Section  2  of  Article 
Third,  as  amended  by  Schedule  "  A,"  be  adopted. 
On  a  rising  vote  the  motion  prevailed. 
The  vote  was  as  follows: 

Whole  number  voting,  .  .  .  .          .118 

Xecessary  for  passage,  .  .  .  .          .85 

ISTumber  voting  Yes,  .  .  .118 

Xumber  voting  ]Sro,  .  .  .         0 

Following  is  the  section  as  amended : 

Section  2.  There  shall  be  a  stated  session  of  the  General 
Assembly,  to  be  holdeu  at  Hartford  biennially,  on  the 
Wednesday  following  the  first  Monday  of  the  January  next 


378 


JOUKNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 


succeeding  the  election  of  its  members.  The  person  adminis- 
tering the  office  of  Governor  may,  on  special  emergencies, 
convene  the  General  Assembly  at  said  place  at  any  other 
time,  and  in  case  of  danger  from  the  prevalence  of  contagious 
disease  in  said  place,  or  from  other  causes,  he  may  convene 
said  Assembly  at  any  other  place  in  this  State. 

Mr.  "Warner  of  Salisbury  moved  that  the  adoption  of  Sec- 
tions 3  and  4  of  Article  Third  as  amended  be  acted  upon  to- 
gether. 

The  motion  prevailed. 

Mr.  Warner  of  Salisbury  moved  that  when  the  vote  be 
taken,  it  be  taken  by  Yeas  and  Xays. 

The  motion  prevailed. 

The  motion  to  adopt  Sections  3  and  4  as  amended  was  dis- 
cussed by  Messrs.  Warner  of  Salisbury,  Perry  of  Fairfield, 
and  Fisk  of  Branford. 

The  motion  to  adopt  Sections  3  and  4  as  amended  did  not 
prevail. 

The  vote  w^as  as  follows : 

Those  voting  Yea  were  : 

Hartford  County.  —  Messrs.  Holmes,  Dickinson,  Maltbie, 
Miller,  Cooley,  Bartlett,  D.  E.  Phelps. 

iSTew  Haven  County.  —  Fisk,  Griswold,  Meigs,  Ford, 
Hotchkiss,  Kussell. 

ISTew  London  County.  —  Messrs.  Miner,  Chipman,  King, 
A.  M.  Brown,  I.  Gillette,  AUyn,  Bromley,  Killeen,  Frink, 
Kiley,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Woodman,  E.  H.  Northrop, 
Bell,  Mead,  Wanzer,  Sanford,  Barnes,  O.  Hall,  Gorham. 

Windham  County.  —  Messrs.  Fitts,  Evans,  L.  N.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Elliott,  Waldo,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beards- 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION,  379 

ley,  J.  F.  Smith,  O'Connor,  Camp,  C.  H.  Smith,  Crofut,  D. 
T.  Warner,  Etheridge,  Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  G.  M.  Clark,  Pelton,  Hub- 
bard, Purple,  Nettleton,  W.  H.  Smith,  Hale,  Post. 

Tolland  County.  —  Messrs.  Newcomb,  Sumner,  Collins, 
Hawkins,  Charter,  Porter,  Storrs,  Kinney. 

Those  voting  Nay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Middleton,  Grant, 
Loomis,  Cheney,  Condell,  Holcomb,  Sperry,  Bissell,  W.  H. 
Hall,  Willard. 

I^ew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  E.  Woodward,  A.  E.  Smith,  Me- 
Mahon,  Webb,  Lines,  Wallace,  Merwin,  Whittemore,  Marks, 
S.  J.  Bryant,  Davis,  Wooster,  Kendrick,  Upson,  Bishop. 

New  London  County.  —  Messrs.  E.  T.  Brown,  Buell, 
Bailey,  Raymond,  J.  E.  Brown,  Huntington,  Morgan,  Hinck- 
ley. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Jen- 
nings, Perry,  Shelton,  C.  H.  Northrop,  A.  B.  Woodward,  Mer- 
ritt,  Stagg,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Milner,  Chandler, 

Litchfield  County.  —  Messrs.  Whittlesey,  Kirby. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  Markham, 
Brothwell,  Coe,  Blake,  Terrill,  L'Hommedieu. 

Tolland  County.  —  Messrs.  Skinner,  Pinney,  Phelps,  W. 
H,  Hall, 

Those  absent  and  not  voting  were : 

Hartford  County,  —  Messrs.  Pierce,  Eedfield,  Vance, 
Churchill,  Havens,  Healy. 

New  Haven  County,  —  Mr,  Stevens, 

New  London  County.  —  Mr.  Waller. 

Fairfield  County.  —  Messrs.  E.  J.  Walsh,  Whitlock, 
Seymour, 


380  JOURNAL    OF   THE   CONSTITUTIONAL   CONVENTION. 

Windham  County.  —  Messrs.  Boss,  Hunt. 
Litchfield  County.  —  Messrs.  Hayes,  Fyler. 
Tolland  County.  —  Mr.  Keeney. 

Whole  number  voting,  .  .  .  .  .151 

J^ecessary  for  passage,  .  .  .  .  .85 

Those  voting  Yea,  .  .  .  .81 

Those  voting  Nay,  .  .  .  .70 

Mr.  Loomis  of  Glastonbury  moved  that  the  Convention  re- 
consider its  action  in  rejecting  Sections  3  and  4  of  Article 
Third  as  amended. 

The  motion  was  discussed  by  Messrs.  Perry  of  Fairfield, 
Warner  of  Salisbury,  and  Hubbard  of  Durham. 

The  motion  prevailed. 

Mr.  Clark  of  Hartford  moved  that  a  committee  of  confer- 
ence to  consist  of  twelve  members  be  appointed  by  the 
President. 

Mr.  Warner  of  Salisbury  moved  that  the  Convention  ad- 
journ, to  meet  on  Tuesday,  at  12.30  o'clock  P.  M. 

The  motion  was  discussed  by  Messrs.  Waller  of  iSTew  Lon- 
don, Brown  of  Norwich,  Osborn  of  New  Haven,  Smith  of 
AVinchester,  and  Collins  of  Columbia. 

Mr.  Waller  of  New  London  raised  the  point  of  order  that 
the  motion  to  raise  a  committee  was  not  superseded  by  the  mo- 
tion to  adjourn  to  a  day  certain,  and  hence  the  motion  for  a 
committee  was  before  the  Convention. 

The  President  ruled  that  the  motion  to  adjourn  was  the 
first  question  before  the  Convention. 

The  motion  was  discussed  by  Messrs.  Gillette  of  Burling- 
ton and  Hall  of  West  Hartford, 

Mr.  Huntington  of  Old  Lyme  moved  that  the  previous 
question  be  ordered. 

The  motion  did  not  prevail. 

The  motion  to  adjourn  did  not  prevail. 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION.  381 

Mr.  Perry  of  Fairfield  raised  the  point  of  order  that  action 
on  Sections  3  and  4  of  Article  Third  having  been  recon- 
sidered, the  reconsideration  carried  the  question  back  to  the 
point  before  the  vote  was  taken,  and  the  question  was  now 
npon  the  adoption  of  Sections  3  and  4  as  amended. 

The  President  ruled  that  the  point  of  order  was  well  taken, 
and  the  motion  of  Mr.  Clark  of  Hartford  was  accordino;lv 
not  acted  npon. 

Mr.  Perry  of  Fairfield  moved  that  the  previous  question 
be  ordered. 

The  motion  prevailed. 

Mr.  Perry  of  Fairfield  moved  that  the  vote  be  taken  by 
Yeas  and  j^ays. 

The  motion  prevailed. 

The  motion  to  adopt  Sections  3  and  4  of  Article  Third  as 
amended  did  not  prevail. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Holmes,  Dickinson,  Loomis, 
Maltbie,  Miller,  Cooley,  Havens,  Bartlett,  D.  E.  Phelps. 

Xew  Haven  County.  —  Messrs.  Fisk,  Griswold,  Meigs, 
Ford,  Hotchkiss,  Eussell. 

!N"ew  London  County.  —  Messrs.  Miner,  Chipman,  King, 

A.  M.  Brown,  I.  Gillette,  Bromley,  Killeen,  Frink,  Eiley,  E. 

B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Woodman,  E.  H.  ISTorthrop, 
Bell,  Mead,  Wanzer,  Sanford,  Barnes,  O.  Hall,  Gorham. 

Windham  County.  —  Messrs.  Fitts,  Evans,  L.  N.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Elliott,  Waldo,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beards- 
ley,  J.  F.  Smith,  OTonnor,  Camp,  C.  H.  Smith,  Crofut,  D. 
T.  Warner,  Etheridge,  Strong,  Brinsmade,  Woolson,  Curtiss. 


382  JOURISTAL   OF   THE   CONSTITUTIONAL   CONVENTION. 

Middlesex  County.  —  Messrs.  Pelton,  Hubbard,  Purple, 
Kettletoii,  ^Y.  H.  Smith,  Hale,  Post. 

Tolland  County.  —  Messrs.  ISTewcomb,  Sumner,  Collins, 
Hawkins,  Charter,  Porter,  Storrs,  Kinney. 

Those  voting  l^aj  were  : 

Hartford  Connty.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  Pierce,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Middleton, 
Grant,  Cheney,  Churchill,  Condell,  Holcomb,  Sperry,  Bissell, 
W.  H.  Hall,  AVillard,  Healy. 

XcAv  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  AYarner,  S.  R  Woodward,  A.  E.  Smith,  Mc- 
Mahon,  Webb,  Lines,  Wallace,  Merwin,  Whittemore,  Marks, 
S.  J.  Bryant,  Davis,  Wooster,  Kendrick,  Upson,  Bishop. 

'New  London  County.  —  Messrs.  F.  T.  Brown,  Buell, 
Bailey,  Allyn,  Kaymond,  J.  F.  Brown,  Huntington,  Morgan, 
Hinckley. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Jen- 
nings, Pen-y,  Shelton,  C.  H.  Xorthrop,  A.  B.  Woodward, 
Merritt,  Stagg,  AYakeman,  Chichester. 

Windham  County.  —  Messrs.   Bugbee,  Milner,   Chandler. 

Litchfield  County.  —  Messrs.  Whittlesey,  Kirby. 

Middlesex  County.  —  Messrs.  D.  W.  l^^orthrop,  Markham, 
Brothwell,  Coe,  Blake,  Terrill,  L'Hommedieu. 

Tolland  County.  —  Messrs.  Skinner,  Pinney,  Phelps,  W. 
H.  Hall. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Redfield,  Vance. 
New  Haven  County.  —  Mr.  Stevens. 
ISTew  London  County.  —  Mr.  Waller. 
Fairfield    County.  —  Messrs.    R.    J.    Walsh,    Whitlock, 
Seymour. 

Windham  County.  —  Messrs.  Boss,  Hunt. 
Litchfield  County.  —  Messrs.  Hayes,  Fyler. 


JOURNAL   OF   THE   CONSTITUTIONAL    CONVENTION.  383 

Middlesex  County.  —  Mr.  G.  M.  Clark. 
Tolland  Coiintj.  —  Mr,  Keeney. 

Whole  number  voting,  .  .  .  .          .154 

Necessary  for  passage,  .  .  .  .          .85 

Those  voting  Yea,  .  .  .  .81 

Those  voting  Nay,  .  .  .  .73 

Mr.  Clark  of  Hartford  moved  that  the  President  appoint  a 
committee  of  twenty-four,  of  which  the  President  of  the  Con- 
vention should  be  chairman,  to  consider  the  question  of  repre- 
sentation and  formulate  and  report  upon  some  plan  for  the 
consideration  of  the  Convention. 

The  motion  was  discussed  by  Messrs.  Griswold  of  Guilford, 
Webb  of  Hamden,  Clark  of  Hartford,  and  Warner  of 
Salisbury. 

Mr.  Webb  of  Hamden  moved  to  amend  the  motion  by  add- 
ing that  the  committee  be  instructed  to  report  to-morrow, 
Friday,  at  11  o'clock  A.  M.,  and  the  report  be  made  the  Order 
of  the  Day  for  that  time. 

The  amendment  was  discussed  by  Messrs.  Webb  of  Ham- 
den, Smith  of  Winchester,  Osborn  of  New  Haven,  Loomis  of 
Glastonbury,  and  Waller  of  New  London. 

The  amendment  did  not  prevail. 

The  motion  of  Mr.  Clark  of  Hartford  was  further  discussed 
by  Messrs.  Warner  of  Salisbury,  Clark  of  Hartford,  Collins 
of  Columbia,  Etheridge  of  Thomaston,  Groesbeck  of  Chaplin, 
Perry  of  Fairfield,  and  Clark  of  Haddam. 

The  motion  prevailed. 

Mr.  Perry  of  Fairfield  moved  that  further  action  on  Sec- 
tions 3  and  4  of  Article  Third  be  postponed  to  await  the  re- 
port of  the  committee  to  be  appointed  to  consider  the  question 
of  representation  in  the  General  Assembly. 

The  motion  prevailed. 

Mr.  Strong  of  Warren  moved  to  amend  Article  Third  by 
Schedule  "  D." 


384  JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 

The  amendment  was  discussed  by  Messrs.  Strong  of  "Warren 
and  Perry  of  Fairfield. 
The  amendment  prevailed. 
The  amendment  is  as  follows : 

Schedule  "  D." 

In  Section  6,  line  4,  after  the  word  "  November,"  add  the 
figures  and  word  "  1904  and,"  and  after  the  word  "  bienni- 
ally "  in  line  five  add  the  word  "  thereafter." 

Mr.  Etheridge  of  Thomaston  moved  to  amend  Article  Third 
by  Schedule  "  E." 

The  amendment  was  discussed  by  Mr.  Etheridge  of 
Thomaston. 

The  amendment  prevailed. 

The  amendment  is  as  follows : 

Schedule  "  E." 

Strike  out  all  after  the  word  "  elected  "  in  the  ninth  line  of 
Section  13.  Insert,  in  lieu  thereof,  the  following,  viz. :  "  and 
until  the  General  Assembly  shall  by  law  take  action  thereon, 
the  Comptroller  shall  provide  for  such  transportation." 

Mr.  Perry  of  Eairfield  moved  to  amend  Article  Fourth  by 
Schedule  "  A." 

The  amendment  prevailed. 

The  amendment  is  as  follows : 

Schedule  "  A." 

In  Section  11  of  Article  Fourth  add  the  words,  "  unless  the 
General  Assembly  by  adjournment  prevents  such  return,"  at 
the  end  of  the  section. 

Mr.  Perry  of  Fairfield  moved  to  amend  Article  Tenth  by 
Schedule  "  A." 

The  amendment  was  discussed  by  Mr.  Perry  of  Fairfield. 

The  amendment  prevailed. 


JOURNAL   OF   THE   CONSTITUTIONAL    CONVENTION.  385 

The  amendment  is  as  follows  : 

Schedule  "  A." 

In  Section  10,  line  5,  change  the  words  "  are  continued  "  to 
read  "  shall  continue." 

Mr.  Perry  of  Fairfield  moved  to  amend  Article  Tenth  by 
Schedule  "  B." 

The  amendment  was  discussed  by  Mr.  Warner  of  Salisbury. 

On  motion  of  Mr.  Perry  of  Fairfield,  the  amendment  was 
tabled  and  ordered  printed  in  the  Journal. 

The  proposed  amendment  is  as  follows  : 

Schedule  "  B." 

In  Article  Tenth  add  Section  11,  as  follows:  "  This  Con- 
stitution shall  take  effect  upon  its  adoption  by  the  electors,  and 
shall  then  supersede  the  preceding  Constitution,  except  that 
the  present  General  Assembly  shall  continue  for  its  original 
term,  and  the  one  to  be  chosen  in  November,  1902,  shall  be 
constituted  and  elected  in  accordance  with  the  provisions  of 
the  Constitution  so  as  aforesaid  superseded." 

Mr.  Perry  of  Fairfield  moved  to  amend  Article  Eleventh  by 
Schedule  "  A." 

The  amendment  prevailed. 

The  amendment  is  as  follows : 

Schedule  "  A." 

In  line  2,  Article  Eleventh,  after  the  word  "  necessary," 
add  the  words  "they  may  propose  amendments";  also  erase 
the  word  "  amend  "  in  line  2,  and  the  words  "  they  may  pro- 
pose such  amendments,"  in  line  3. 

Also,  in  line  10  transpose  the  words  "  be  transmitted  "  to  a 
place  before  the  words  "  by  the  secretary." 

Also,  in  line  17  erase  the  words  "  the  same,"  and  insert,  in 
lieu  thereof,  the  word  "  they." 
c.  c— 25 


386  JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  Article  Fifth 
by  Schedule  "  A." 

The  amendment  was  discussed  by  Mr,  Davenport  of 
Bridgeport. 

The  amendment  prevailed. 

The  amendment  is  as  follows : 

Schedule  "  A." 

Insert  in  line  6  of  Section  4,  after  the  word  "  court,"  the 
words :  ''  If  any  vacancy  occurs  in  the  office  of  judge  of 
such  courts  when  the  General  Assembly  is  not  in  session  the 
Governor  may  appoint  a  judge  to  fill  such  vacancy  until  the 
rising  of  the  next  General  Assembly,  or  until  the  vacancy  is 
filled  by  the  action  of  the  Governor  and  the  General  Assembly 
as  hereinbefore  provided." 

Mr.  Clark  of  Hartford  moved  to  amend  Article  First  by 
Schedule  "  A." 

The  amendment  was  discussed  by  Messrs.  Clark  of  Hartford 
and  Waller  of  New  London. 

The  amendment  prevailed. 

The  amendment  is  as  follows : 

Schedule  "  A." 

In  Section  5,  line  4,  strike  out  the  w^ords  "  all  subjects." 
Insert,  in  lieu  thereof,  the  following :  "  any  subject." 

Convention  Eesolution  'No.  232.  Mr.  Perry  of  Fairfield 
introduced  a  resolution  authorizing  the  Comptroller  to  pur- 
•chase  copies  of  the  stenographic  report  of  the  proceedings  of 
the  Convention. 

On  motion  of  Mr.  Perry  of  Fairfield,  the  resolution  was 
tabled. 

Mr.  Davenport  of  Bridgeport  moved  to  amend  Article  First 
by  Schedule  ''  A." 

On  motion  of  Mr.  Davenport  of  Bridgeport,  the  amendment 
was  tabled. 


JOUKNAL    OF   THE   CONSTITUTIONAL    CONVENTION.  387 

Mr.  Warner  of  Salisbury  moved  that  when  the  Convention 
adjonrn  it  be  to  meet  on  Wednesday,  May  7th,  at  12.30 
o'clock  P.  M. 

The  motion  prevailed. 

On  motion  of  Mr.  Clark  of  Hartford,  the  Convention,  at 
1.40  o'clock  P.  M.,  took  a  recess  nntil  2.4-0  o'clock  P.  M. 


Thursday  afternoon,  May  1,  1902. 

The  Convention  was  called  to  order  at  2.40  o'clock  P.  M., 
the  President  in  the  Chair. 

APPOINT]MENT  OF  A  COMMITTEE. 

The  President  announced  the  appointment  of  the  following 
committee  to  consider  and  report  on  a  plan  of  representation 
in  the  General  Assembly : 

Messrs.  Charles  B.  Andrews  of  Litchfield,  Chairman, 
Marcus  H.  Holcomb  of  Southington, 
Donald  T.  Warner  of  Salisbury, 
William  H.  Hall  of  West  Hartford, 
John  H.  Perry  of  Fairfield, 
Thomas  M.  Waller  of  New  London, 
Charles  H.  Clark  of  Hartford, 
William  J.  Groesbeck  of  Chaplin, 
Daniel  Davenport  of  Bridgeport, 
William  A.  Collins  of  Columbia, 
Edward  H.  Sears  of  Canton, 
John  C.  Brinsmade  of  Washington, 
Aurin  P.  Somes  of  Killingly, 
Norris  G.  Osborn  of  New  Haven, 
Prank  W.  Etheridge  of  Thomaston, 
Frank  T.  Brown  of  Norwich, 
Gerald  Waldo  of  Scotland, 
H.  Wales  Lines  of  Meriden, 


388     JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 

Jonathan  B.  Sanford  of  Redding, 
Charles  Phelps  of  Vernon, 
Wellington  B.  Smith  of  Winchester, 
James  F.  Brown  of  North  Stonington, 
Francis  P.  Giiilfoile  of  Waterbnry, 
Ralph  W.  Storrs  of  Mansfield, 
Henry  E.  Loomis  of  Glastonbury. 

On  motion  of  Mr.  Brothwell  of  Chester,  the  Convention,  at 
2.47  o'clock  P.  ]\r.,  adjourned,  to  meet  on  Wednesday,  at 
12.30  o'clock  P.  M. 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION.  389 


Wednesday,  May  Y,  1902. 

The  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  Charles  H.  Smith 
of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Loomis,  Maltbie,  Miller,  Cheney, 
Cooley,  Churchill,  Condell,  Havens,  Bartlett,  Holcomb, 
Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

ISTew  Haven  County.  —  Messrs.  Osborn,  D.  T.  Walsh,  A. 
D.  Warner,  S.  R.  Woodward,  Fisk,  A.  E.  Smith,  McMahon, 
Griswold,  Webb,  Meigs,  Lines,  Wallace,  Merwin,  Whitte- 
more.  Ford,  Marks,  S.  J.  Bryant,  Davis,  Hotchkiss,  Wooster, 
Russell,  Kendrick,  Upson,  Bishop. 

'Re\y  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  King,  Bailey,  I.  Gillette,  Allyn,  Bromley,  Ray- 
mond, Killeen,  J.  F.  Brown,  Morgan,  Riley,  E.  B.  Gallup, 
C.  A.  Gallup. 

Fairfield  County.  —  ]\re-;srs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  ISTorthrop,  Bell,  Jennings,  Perry,  R.  J.  Walsh, 
Whitlock,  Shelton,  Mead,  Wanzer,  C.  H.  l^orthrop,  A.  B. 
Woodward,  Sanford,  Seymour,  Barnes,  Merritt,  Stagg,  O. 
Hall,  Gorham,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Fitts,  Evans, 
L.  jSi".  Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner, 
Elliott,  Waldo,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 


390 


JOUKNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 


Hayes,  Mallett,  Belden,  J.  H.  Smith,  Wright,  Whittlesey, 
J.  F.  Smith,  O'Connor,  Camp,  C.  H.  Smith,  Crofut,  D.  T. 
Warner,  Kirby,  Etheridge,  Strong,  Brinsmade,  Woolson, 
Curtiss. 

Middlesex  County.  —  Messrs.  D.  W.  ]S"orthrop,  G.  M. 
Clark,  Markham,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple, 
Blake,  Nettleton,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedieu, 
Post. 

Tolland  County.  —  Messrs.  Neweomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Pinney, 
Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  were : 

Hartford  County.  —  Messrs.  Eedfield,  Vance. 

New  Haven  County.  —  Messrs.  Guilfoile,  Stevens. 

New  London  County.  —  Messrs.  Chipman,  A.  M.  Brown, 
Huntington,  Frink,  Hinckley. 

Windham  County.  —  Mr.  Hunt. 

Litchfield  County.  —  Messrs.  Kellogg,  Ely,  Beardsley, 
Eyler. 

Tolland  County.  —  Mr.  Kinney. 

Whole  number  answering,     ....  153 
Those  absent  and  not  answering,  .  .  .15 

CONVENTION    RESOLUTION. 

Convention  Eesolution  No.  233.  Mr.  Perry  of  Fairfield 
introduced  a  resolution  of  thanks  for  the  commemorative  oak 
trees  sent  to  delegates. 

The  resolution  was  passed. 

The  following  is  the  resolution : 

Eesolved,  that  the  thanks  of  this  Convention  be  and  the 
same  hereby  are  tendered  to  the  Senators  and  Representatives 
in  Congress  from  Connecticut  and  to  the  United  States  De- 
partment of  Agriculture  for  the  commemorative  oak  trees 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 


391 


recently  sent  to  each  delegate  through  their  thoughtfulness 
and  its  courtesy. 

The  Clerk  of  the  Convention  is  directed  to  transmit  a  copy 
of  this  resolution  to  each  Senator  and  Representative  and  to 
the  said  Department. 

Mr.  Strong  of  Warren  moved  to  amend  Section  6  of  Article 
Third  by  Schedule  "  E." 

The  amendment  was  discussed  by  Messrs.  Strong  of  "War- 
ren, Hotchkiss  of  Prospect,  Brown  of  Norwich,  and  Perry  of 
Fairfield. 

The  amendment  was  adopted. 

Mr,  Perry  of  Pairfield  moved  to  amend  Section  6  of  Article 
Third  by  Schedule  "  G." 

The  amendment  was  adopted. 

The  following  are  the  amendments : 

Schedule  "  F." 

In  Section  6  of  Article  Third,  line  11,  after  the  word 
"  representative,"  insert  the  following :  "  or  upon  the  decease 
of  said  representative." 

Schedule  "  G." 

Add  at  the  end  of  Section  6,  Article  Third,  the  following 
words :  "'  and  for  the  election  of  Senators  or  Representatives 
if  a  vacancy  occurs  in  either  office." 

Convention  Resolution  No.  229.  (See  Convention  Jour- 
nal, April  2 2d.)  A  resolution  concerning  the  Board  of  Par- 
dons was  taken  from  the  table,  on  motion  of  Mr.  Waller  of 
!New  London. 

The  resolution  was  discussed  by  Messrs.  Waller  of  New 
London,  Clark  of  Haddam,  and  Davenport  of  Bridgeport. 

On  a  rising  vote  the  resolution  did  not  prevail. 

The  vote  was  as  follows: 


392  JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 

"Whole  number  voting,  .         .         .         .         .105 

I  JSTecessarj  for  passage,  .         .         .         .         .85 

Number  voting  Yes,       .         .         .51 
Number  voting  No,        .  .  .54 

Mr.  Merritt  of  Stamford  moved  to  amend  Section  6  of 
Article  Fifth  by  Schedule  "  B." 

The  amendment,  on  a  rising  vote,  did  not  prevail. 
The  vote  was  as  follows: 

Whole  number  voting,  .  .          .          .  .73 

Necessary  for  passage,  .  .          .          .  .85 

Number  voting  Yes,  ...  69 

Number  voting  No,  ...  4 

Mr.  Waller  of  New  London  moved  that  the  Convention 
reconsider  its  action  upon  the  amendment. 

The  motion  to  reconsider  prevailed. 

The  amendment  was  discussed  by  Messrs.  Waller  of  New 
London  and  Pierce  of  Bristol. 

On  a  rising  vote  the  amendment  prevailed. 

The  vote  was  as  follows : 

Whole  number  voting,  .....   117 

Necessary  for  passage,  .  .  .  .  .85 

Number  voting  Yes,       .  .  .117 

Number  voting  No,        ...         0 

The  following  is  the  amendment : 

Schedule  "  B." 

In  Article  Fifth,  Section  6,  line  4,  at  the  end  of  the  section, 
add  "  or  of  law,  or  both." 

On  motion  of  Mr.  Warner  of  Salisbury,  the  Convention, 
at  I.IG  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday,  at 

II  o'clock  A.  M. 


JOURNAL   OF   THE   CONSTITUTIONAL    CONVENTION.  393 


Thursday,  May  8,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Rev.  William  ]\Iartin 
Brown  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H,  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Loomis,  Miller,  Cheney,  Cooley, 
Churchill,  Condell,  Havens,  Bartlett,  Holcomb,  Sperry,  Bis- 
sell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

ISTew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  R  Woodward,  Fisk,  A.  E.  Smith, 
McMahon,  Griswold,  Webb,  Meigs,  Lines,  Wallace,  Whitte- 
more,  Ford,  Marks,  S.  J.  Bryant,  Davis,  Hotchkiss,  Wooster, 
Kussell,  Kendrick,  Upson,  Bishop. 

JSTew  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  King,  A.  M.  Brown,  Bailey,  I.  Gillette,  Allyn, 
Bromley,  Raymond,  Killeen,  J,  F.  Brown,  Huntington, 
Frink,  Morgan,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  Count3^  —  Messrs.  Davenport,  Dempsey,  AVood- 
man,  E.  H.  Northrop,  Bell,  Jennings,  Perry,  R.  J.  Walsh, 
Shelton,  Mead,  Wanzer,  C.  H.  Northrop,  A.  B.  Woodward, 
Sanford,  Seymour,  Barnes,  Merritt,  Stagg,  0.  Hall,  Gor- 
ham,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Fitts,  Evans, 
L.  X.  Clai'k,  Groesbeck,  Latham,  Burnham,  Somes,  Milner, 
Elliott,  Waldo,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 


394  JOURNAL   OF   THE   COXSTITUTION^NX   CONVENTION. 

Hayes,  Mallett,  Belden,  J.  II.  Smith,  Kellogg,  Wright,  Ely, 
Beardsley,  AVhittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C. 
II.  Smith,  Crofut,  D.  T.  Warner,  Kirby,  Etheridge,  Strong, 
Brinsmade,  Woolson,  Curtiss. 

^Middlesex  County.  —  Messrs.  D.  AV.  Northrop,  G.  M. 
Clark,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple,  Blake, 
Xettletou,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Xewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Pinney, 
Kinney,  Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  were : 

Hartford  County.  ^ — Messrs.  Redfield,  Maltbie,  Vance. 
Xew  Haven  County.  —  Messrs.  Stevens,  MerAvin. 
Xew  London  County.  —  Messrs.  Chipman,  Riley,  Hinck- 
ley. 

Fairfield  County.  —  Mr.  Whitlock. 
Windham  County.  - —  Mr.  Hunt. 
Litchfield  County. — Mr.  Fyler. 
Middlesex  County.  —  Mr.  Markham. 

Whole  number  answering,     .  .  .  .157 

Xumber  absent  and  not  answering,         .  .11 

[Vice-President  Perry  in  the  Chair.] 
Mr.  Strong  of  Warren  moved  to  amend  Article  First  by 

Schedule  '''  A." 

The  motion  to  amend  was  discussed  by  Messrs.  Strong  of 

Warren,  Northrop  of  Middletown,  Andrews  of  Litchfield,  and 

Brown  of  Norwich. 

The  motion  to  amend  did  not  prevail. 

REPORT   OF   A   COMMITTEE. 

President  Andrews,  chairman  of  the  committee  appointed 
to  consider  and  report  on  the  question  of  representation,  re- 
ported that  the  committee  were  unable  to  agree  upon  any 


JOURNAI.   OF   THE   CONSTITUTIONAL   CONVENTION.  395 

plan  of  representation  in  the  General  Assembly,  and  requested 
the  Convention  that  the  report  of  the  committee  be  accepted 
and  the  committee  discharged. 

Mr.  Osborn  of  ISTew  Haven  moved  that  the  report  be  ac- 
cepted, and  the  committee  discharged. 

The  motion  was  discussed  by  Mr.  Bryant  of  Orange. 

The  motion  prevailed. 

[The  President  in  the  Chair.] 

CONVENTION    RESOLUTIONS. 

Convention  Eesolution  jSTo.  234.  Mr.  Osborn  of  New 
Haven  introduced  a  resolution  providing  that  every  town 
less  than  five  thousand  should  have  one  representative;  towns 
from  five  thousand  to  twenty  thousand  shall  have  two  repre- 
sentatives, and  one  additional  representative  for  every  forty 
thousand  of  population  in  excess  of  said  twenty  thousand; 
and  a  Senate  consisting  of  forty-five  members. 

The  resolution  was  discussed  by  Messrs.  Osborn  of  New 
Haven,  Warner  of  Salisbury,  Clark  of  Haddam,  Hall  of 
Willington,  and  Brown  of  Norwich. 

Mr.  Osborn  of  New  Haven  moved  that  the  vote  on  the 
pending  resolution  be  taken  by  Yeas  and  Nays. 

The  motion  prevailed. 

The  resolution  was  not  adopted. 

The  vote  was  as  follows : 

Those  voting  Yea  were: 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  Pierce,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Grant, 
Cheney,  Churchill,  Condell,  Holcomb,  Sperry,  Bissell,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  D.  T.  Walsh,  A. 
D.  Warner,  S.  E.  Woodward,  A.  E.  Smith,  McMahon,  Webb, 


396  JOURNAL   OF   THE   CONSTITUTIONAL    CONVENTION. 

Lines,  Wallace,  Whittemore,  Marks,  S.  J.  Bryant,  Davis, 
Wooster,  Kendrick,  Upson,  Bishop. 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Buell,  Bailey,  Raymond,  J.  F.  Brown,  Huntington,  Morgan. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Jen- 
nings, Perry,  E.  J.  Walsh,  Shelton,  C.  H.  Xorthrop,  A.  B. 
Woodward,  Seymour,  Merritt,  Stagg. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Chandler, 

Litchfield  County.  —  Messrs.  Hayes,  Whittlesey. 

Middlesex  County.  —  Messrs.  D.  W.  jSTorthrop,  Brothwell, 
Coe,  Blake,  Terrill,  L'Hommedieu. 

Tolland  County.  —  Messrs.  Skinner,  Hawkins,  Keeney, 
Pinney,  Phelps,  W.  H.  Hall. 

Those  voting  ^aj  were : 

Hartford  County.  —  Messrs.  Holmes,  Dickinson,  Middle- 
ton,  Loomis,  Miller,  Cooley,  Havens,  Bartlett,  W.  H.  Hall, 
Willard. 

!N"ew  Haven  County.  —  Messrs.  Fisk,  Griswold,  Ford, 
Hotchkiss,  Russell. 

New  London  County.  —  Messrs.  Miner,  King,  I.  Gillette, 
Bromley,  Killeen,  Frink,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Woodman,  E.  H.  Northrop, 
Bell,  Mead,  AVanzer,  Sanford,  Barnes,  0.  Hall,  Gorham, 
Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Fitts,  Evans,  L.  N.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beards- 
ley,  J.  F.  Smith,  O'Connor,  Camp,  C.  H.  Smith,  Crofut,  D. 
T.  Warner,  Kirby,  Etheridge,  Strong,  Brinsmade,  Woolson, 
Curtiss. 

Middlesex  County.  —  Messrs.  G.  M.  Clark,  Pelton,  Hub- 
bard, Purple,  Nettleton,  W.  H.  Smith,  Hale,  Post 


JOURNAL   OF   THE   CONSTITUTIONAL    CONVENTION.  397 

Tolland  County.  —  Messrs.  Newcomb,  Sumner,  Collins, 
Charter,  Porter,  Storrs. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Eedfield,  Vance,  D.  E. 
Phelps. 

New  Haven  County.  —  Messrs.  Guilfoile,  Stevens,  Meigs, 
Merwin. 

New  London  County.  —  Messrs.  Chipman,  A.  M.  Brown, 
Allyn,  Riley,  Hinckley. 

Fairfield  County.  —  Mr.  "Whitlock. 

Windham  County.  —  Mr.  Hunt. 

Litchfield  Coimty.  —  Mr.  Fyler. 

Middlesex  County.  —  Mr.  Markham. 

Tolland  County.  —  Mr.  Kinney. 

Whole  number  voting,  ....  149 

Necessary  for  passage,  .  .  .  .85 

Those  voting  Yea,  .  .  .68 

Those  voting  Nay,  .  .  .81 

Mr.  Warner  of  Salisbury,  at  12.55  o'clock  P.  M.,  moved 
that  the  Convention  take  a  recess  until  2  o'clock  P.  M. 
The  motion  prevailed. 


Thursday  afternoon,  May  8,  1902. 

The  Convention  was  called  to  order  at  2  o'clock  P.  M., 
the  President  in  the  Chair. 

Mr.  Clark  of  Hartford  moved  that  when  the  Convention 
adjourn  it  adjourn  to  meet  tomorrow,  Friday,  at  11  o'clock 
A.  M. 

Mr.  Loomis  of  Glastonbury  moved  to  amend  by  making 
the  adjournment  until  next  Tuesday  at  12.30  o'clock  P.  M. 


398  JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 

T-he  motion  to  amend  prevailed. 

The  motion  as  amended  then  prevailed. 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  ISTo.  235.  Mr.  Bissell  of  Snffield 
introdnced  a  resolution  providing  that  every  town  of  less 
than  two  thousand  shall  have  one  representative;  between 
two  thousand  and  twenty  thousand,  two  representatives  and 
one  additional  representative  for  every  forty  thousand  of 
population;  and  a  Senate  of  forty-five  members. 

The  resolution  was  discussed  by  Messrs.  Bissell  of  Suffield, 
Waller  of  I^ew  London,  Bryant  of  Orange,  Clark  of  Haddam, 
and  Warner  of  Salisbury. 

Mr.  Bissell  of  Suffield  moved  that  when  the  vote  be  taken 
on  the  resolution  it  be  by  the  Yeas  and  Xays. 

The  motion  prevailed. 

On  motion  of  ]\Ir.  Huntington  of  Old  Lyme,  the  previous 
question  was  ordered. 

The  resolution  was  not  adopted. 

The  vote  w^as  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  Pierce,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Middleton, 
Grant,  Cheney,  Churchill,  Condell,  Holcomb,  Sperry,  Bissell, 
Willard,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilf oile,  D.  T. 
Walsh,  A.  D.  Warner,  A.  E.  Smith,  Webb,  Lines,  Marks, 
Davis,  Kendrick,  Upson. 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Buell,  Bailey,  Eaymond,  J.  F.  Brown,  Iluntington,  Morgan, 
C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Jen- 
nings, Perry,  R.  J.  Walsh,  Mead,  C.  H.  Northrop,  A.  B. 
Woodward,  Seymour,  Merritt,  S'tagg,  Wakeman,  Chichester. 


JOURNAL   OF   THE   CONSTITUTIONAL    CONVENTION.  399 

Windham  County.  —  Messrs.  Boss,  Bngbee,  Milner, 
Chandler. 

Litchfield  County.  —  Mr.  Kirby. 

Middlesex  County.  —  Messrs.  G.  M.  Clark,  Brothwell, 
Blake,  Terrill. 

Tolland  County.  —  Messrs.  Skinner,  Keeney,  Phelps. 

• 

Those  voting  Nay  were : 

Hartford  County.  —  Messrs.  Holmes,  Dickinson,  Loomis, 
Miller,  Cooley,  Havens,  Bartlett,  ^Y.  H.  Hall. 

Xew  Haven  County.  —  Messrs.  S.  R.  Woodward,  Fisk, 
McMahon,  Griswold,  Meigs,  Wallace,  Whittemore,  Ford,  S. 
J.  Bryant,  Hotchkiss,  Russell,  Bishop. 

Xew  London  County.  —  Messrs.  Miner,  King,  I.  Gillette, 
Allyn,  Bromley,  Frink,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Woodman,  E.  H.  jSTorthrop, 
Bell,  Shelton,  Wanzer,  Sanford,  Barnes,  O.  Hall,  Gorham. 

Windham  County.  —  Messrs.  Fitts,  Evans,  L.  JST.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Elliott,  Waldo,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 
Beardsley,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H. 
Smith,  Crofut,  D.  T.  Warner,  Etheridge,  Strong,  Brinsmade, 
Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  D.  W.  jSTorthrop,  Pelton, 
Coe,  ILibbard,  Purple,  ISTettleton,  W.  H.  Smith,  Hale, 
L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  ISTewcomb,  Sumner,  Collins, 
Charter,  Porter,  Storrs,  Pinney,  W.  H.  Hall. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Redfield,  Maltbie,  Vance,  D. 
E.  Phelps. 

Xew  Haven  County.  —  Messrs.  Stevens,  Merwin,  Wooster. 


400  JOUKN^^X   OF   THE   CONSTITUTIONAL   CONVENTION. 

i^ew  London  County.  —  Messrs.  Chipman,  A.  M.  Brown, 
Killeen,  Eiley,  Hinckley. 

Fairfield  County.  —  Mr.  Whitlock. 

Windham  County.  —  Mr.  Hunt. 

Litchfield  County.  —  Mr.  Fyler. 

Middlesex  County.  —  Mr.  Markham. 
■   Tolland  County.  —  Messrs.  Hawkins,  Kinney. 


"Whole   number   voting, 
J^ecessary  for  passage, 
Those  voting  Yea, 
Those  voting  ]^ay. 


.   149 
.     85 
62 

87 


Convention  Eesolution  jSTo.  236.  Mr.  Sanford  of  Redding 
introduced  a  resolution  providing  that  every  town  of  less 
than  ten  thousand  population  shall  have  one  representative; 
towns  of  less  than  fifty  thousand  population,  two  representa- 
tives, and  one  additional  representative  for  each  fifty  thou- 
sand of  population  in  excess  of  the  first  fifty  thousand;  and 
a  Senate  consisting  of  forty-five  members. 

The  resolution  was  discussed  by  Messrs.  Waller  of  'New 
London,  Davenport  of  Bridgeport,  and  Bryant  of  Orange. 

Mr.  Bryant  of  Orange  moved  that  when  the  vote  be  taken 
it  be  by  the  Yeas  and  iSTays. 

The  motion  prevailed. 

The  resolution  was  not  adopted. 

The  vote  was  as  follows: 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Cheney,  Churchill, 
Sperry,  Willard,  Healy. 

New  Haven  County.  —  Messrs.  A.  D.  Warner,  S.  E. 
Woodward,  Wallace,  Whittemore,  Ford,  Marks,  S.  J.  Bryant, 
Davis,  AYooster,  Upson,  Bishop. 


JOURNAL   OF   THE   CONSTITUTIONAL    CONVENTION.  401 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Buell,  Eajmond,  J.  F.  Brown,  Huntington,  Morgan. 

Fairfield  County.  —  Messrs.  Dempsey,  Jennings,  Perry, 
E.  J.  Walsh,  Shelton,  A.  B.  Woodward,  Sanford,  Seymour, 
Merritt,  O.  Hall,  Wakeman. 

Litchfield  County.  —  Messrs.  Hayes,  Mallett,  J.  H.  Smith, 
Whittlesey,  Kirby. 

Middlesex  County.  —  Messrs.  Coe,  Blake,  Terrill,  L'Hom- 
medieu. 

Tolland  County.  —  Messrs.  Skinner,  W.  H.  -Hall. 

Those  voting  jSTay  were : 

Hartford  County.  —  Messrs.  Holmes,  Pierce,  Dickinson, 
Middleton,  Grant,  Loomis,  Miller,  Cooley,  Condell,  Havens, 
Bartlett,  Holcomb,  Bissell,  W.  H.  Hall. 

I^ew  Haven  County.  —  Messrs.  Osborn,  Guilf oile,  D.  T. 
Walsh,  Fisk,  A.  E.  Smith,  McMahon,  Griswold,  Webb,  Meigs, 
Lines,  Hotchkiss,  Russell,  Kendrick. 

New  London  County.  —  Messrs.  Miner,  King,  Bailey,  I. 
Gillette,  Bromley,  Frink,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  E,  H. 
Xorthrop,  Bell,  Mead,  Wanzer,  C.  H.  Northrop,  Stagg.  Gor- 
ham,  Chichester. 

AVindham  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  IST. 
Clark,  Groesbeck,  Latham,  Burnham,  Milner,  Elliott,  Waldo, 
Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Belden,  Kellogg,  Wright,  Ely,  Beardsley,  J.  F.  Smith, 
O'Connor,  Camp,  C.  H.  Smith,  Crofut,  D.  T.  Warner,  Eth- 
eridge.  Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Brothwell,  Pelton,  Hubbard,  Purple,  Nettleton,  W. 
H.  Smith,  Hale,  Post. 

Tolland    County.  —  Messrs.    Newcomb,    Sumner,    Collins, 
Charter,  Porter,  Storrs,  Keeney,  Pinney,  Phelps, 
c.  c— 26 


402  JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 

Those  absent  and  not  voting  were: 

Hartford  County.  —  Messrs.  Eedfield,  Maltbie,  Vance,  D. 
E.  Phelps. 

Xew  Haven  Count j.  —  Messrs.  Stevens,  Merwin. 

ISTew  London  County.  —  Messrs.  Chipman,  A.  M.  Brown, 
Allyn,  Killeen,  Riley,  Hinckley. 

Fairfield  County.  —  Messrs.  Whitlock,  Barnes. 

Windham  County.  —  Messrs.  Boss,  Somes,  Hunt. 

Litchfield  County.  —  Mr.  Fyler. 

Middlesex'  County.  —  Mr.  Markham. 

Tolland  County.  —  Messrs.  Hawkins,  Kinney. 

Whole  number  voting,  ....  146 

!N"ecessary  for  passage,  .  .  .  .85 

Those  voting  Yea,  .  .  .51 

Those  voting  Xay,  .  .  .95 

On  motion  of  Mr.  Warner  of  Salisbury,  the  Convention, 
at  2.50  o'clock  P.  M.,  adjourned  to  meet  on  Tuesday,  May 
13th,  at  12.30  o'clock  P.  M. 


JOURNAL   OF   THE   COXSTITUTIONAL   COSTVENTION. 


403 


Tuesday,  May  13,  1902. 

The  Convention  was  called  to  order  at  12.30  o'clock  P.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  Charles  H.  Smith 
of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S.  Bryant, 
Middleton,  Grant,  Loomis,  Maltbie,  Miller,  Cheney,  Cooley, 
Churchill,  Condell,  Havens,  Bartlett,  Bissell,  W.  H.  Hall, 
Willard,  D.  E.  Phelps,  Healy. 

Xew  Haven  County.  —  Messrs.  Osborn,  D.  T.  Walsh,  S. 
E.  Woodward,  Eisk,  A.  E.  Smith,  McMahon,  Griswold, 
Meigs,  Lines,  Wallace,  Whittemore,  Ford,  Marks,  Davis, 
Hotchkiss,  Wooster,  Russell,  Kendrick,  Upson,  Bishop. 

Xew  London  County.  —  Messrs.  F.  T.  Brown,  Miner, 
Buell,  King,  A.  M.  Brown,  Bailey,  I.  Gillette,  Allyn,  Brom- 
ley, Raymond,  Killeen,  J.  F.  Brown,  Fluntington,  Frink, 
Morgan,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  Xorthrop,  Bell,  Jennings,  Perry,  Shelton,  Mead, 
Wanzer,  C.  H.  Northrop,  A.  B.  Woodward,  Sanford,  Sey- 
mour, Barnes,  Merritt,  Stagg,  O.  Hall,  Gorham,  Wakeman, 
Chichester. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Fitts,  Evans, 
L.  X.  Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner, 
Elliott,  Waldo,  Hunt,  Chandler,  Bowen. 

Litchfield  County. — Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Wright,  Ely,  Beardsley, 
Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H.  Smith,  Cro- 


404  JOUKNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 

fut,  D.  T.  "Warner,  Ethericlge,  Strong,  Brinsmade,  AVoolson, 
Curtiss. 

Middlesex  County.  —  Messrs.  D.  W.  Xortlirop,  G.  M. 
Clark,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple,  Blake,  Net- 
tleton,  Terrill,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  ISTewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Pinney, 
Kinney,  Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  were  : 

Hartford  County.  —  Messrs.  Pierce,  Eedfield,  Vance,  Hol- 
comb,  Sperry. 

Xew  Haven  County.  --  Messrs.  Guilfoile,  A.  D.  Warner, 
Stevens,  Webb,  Merwin,  S.  J.  Bryant. 

"New  London  County.  —  Messrs.  Waller,  Chipman,  Eiley, 
Hinckley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  R.  J.  Walsh,  Whitlock. 

Litchfield  County.  —  Messrs.  Kellogg,  Kirby,  Pyler. 

Middlesex  County.  —  Messrs.  Markham,  W.  H.  Smith. 

Number  answering,      .....     145 
Xumber  not  answering,  .  .  .  .23 

CONVENTION   RESOLUTIONS. 

Mr.  Brothwell  of  Chester  introduced  a  resolution  provid- 
ing for  one  representative  from  each  town  and  an  additional 
representative  from  each  senatorial  district,  and  a  Senate 
consisting  of  from  forty-five  to  forty-eight  members. 

The  resolution  was  discussed  by  Messrs.  Perry  of  Fairfield, 
Warner  of  Salisbury,  Hotchkiss  of  Prospect,  Smith  of  Win- 
chester, Brown  of  Norwich,  Osborn  of  New  Haven,  and  Hale 
of  Portland. 

Mr.  Brown  of  Norwich  moved  that  the  resolution  be  tabled. 

Mr.  Smith  of  Winchester  started  to  discuss  the  motion  when 
Mr.  Brown  of  Norwich  raised  the  point  of  order  that  a  motion 
to  table  was  not  debatable. 


JOURNAL    OF   THE    CONSTITUTTONxVL    CONVENTION.  405 

The  President  miled  that  the  point  of  order  was  well  taken. 

Mr.  Broth  well  of  Chester,  who  introduced  the  resolution, 
requested  permission  to  withdraw  it. 

Mr.  Smith  of  Winchester  raised  the  point  of  order  that  the 
resolution  having  been  under  consideration  by  the  Convention 
could  not  be  withdrawn  without  the  unanimous  vote  of  the 
Convention. 

The  President  ruled  that  the  point  of  order  was  not  well 
taken,  as  the  rules  of  the  Convention  expressly  stated  that  a 
resolution  could  be  withdrawn  by  the  person  who  introduced 
it  at  any  time  before  decision  or  amendment  is  had  thereon. 

Mr.  Brothwell  of  Chester  then  withdrew  the  resolution. 

Mr.  Pisk  of  Branford  introduced  a  resolution  providing  that 
the  House  of  Representatives  shall  consist  of  electors  residing 
in  the  town  from  which  they  are  elected,  and  that  every  town 
shall  be  entitled  to  send  one  representative,  and  that  the 
Senate  shall  consist  of  electors  residing  in  districts  from  which 
they  are  elected,  and  that  there  shall  be  sixty  of  said  districts 
based  on  population. 

Mr.  Fisk  of  Branford  moved  that  when  the  vote  be  taken  on 
the  resolution  it  be  divided,  so  that  the  vote  on  the  question 
of  representation  in  the  House  and  Senate  should  be  taken 
separately. 

Mr,  Huntington  of  Old  Lyme  moved  that  the  previous 
question  be  ordered  on  the  motion. 

The  motion  that  the  previous  question  be  ordered  did  not 
prevail. 

The  motion  that  the  sections  in  the  resolution  be  voted  upon 
separately  was  then  discussed  by  Mr.  Clark  of  Haddam. 

The  motion  that  when  the  resolution  be  voted  upon  that  the 
sections  be  voted  upon  separately  then  prevailed. 

Mr.  Skinner  of  Andover  raised  the  point  of  order  that  the 
resolution  pending  before  the  Convention  was  out  of  order, 
because  a  similar  resolution  had  already  been  considered  by 
the  Convention  and  rejected. 


406  JOURNAL   OF   THE    CONSTITUTIONAL   CONVENTION. 

The  President  ruled  that  as  the  pending  resolution  was 
identical  in  terms  with  a  previous  resolution  that  the  Con- 
vention had  considered  and  rejected,  that  the  point  of  order 
was  well  taken. 

Mr.  Fisk  of  Branford  appealed  from  the  ruling  of  the  Presi- 
dent. 

The  appeal  was  not  sustained. 

Convention  Resolution  Xo.  237.  Mr.  Wanzer  of  I^ew 
Fairfield  introduced  a  resolution  providing  that  every  town 
under  five  thousand  population  shall  have  one  representa- 
tive, and  every  town  of  over  five  thousand  population  shall 
have  two  representatives,  and  a  Senate  consisting  of  thirty-six 
members. 

Mr.  "Warner  of  Salisbury  raised  the  point  of  order  that  the 
resolution  was  not  in  order  because  in  effect  it  was  similar  to 
resolutions  previously  considered  and  rejected. 

The  President  ruled  that  the  resolution  not  being  identical 
in  terms  with  any  resolution  previously  considered  by  the  Con- 
vention, the  point  of  order  was  not  well  taken. 

The  resolution  was  then  discussed  by  Messrs.  Perry  of 
Fairfield,  Clark  of  Haddam,  and  Griswold  of  Guilford. 

Mr.  Milner  of  Plainfield  moved  that  when  the  vote  be 
taken  it  be  by  Yeas  and  jSTays. 

The  motion  did  not  prevail. 

The  resolution  was  then  rejected  by  a  rising  vote. 

The  vote  was  as  follows  : 

Whole  number  voting,  ....   104 

ISTecessary   for   passage,  .         .         .         .85 

Those  voting  Yes,  .  .  .34 

Those  voting  No,  .  .  .70 

Convention  Eesolution  ISTo.  231.  A  resolution  paying  the 
Clerks  of  the  Convention  for  their  services  and  expenses,  was 
taken  from  the  table,  on  motion  of  Mr.  Hall  of  "Willington. 

The  resolution  was  discussed  by  Messrs.  Hall  of  Willington, 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION.  407 

Warner  of  Salisbury,  Clark  of  Haddam,  Osborn  of  ISTew 
Haven,  and  Clark  of  Hartford. 

On  motion  of  Mr.  Huntington  of  Old  Lyme,  the  previous 
question  was  ordered. 

The  resolution  was  then  adopted. 

Following  is  the  resolution  : 

Kesolved  by  this  Convention : 

That  the  Comptroller  be  and  hereby  is  authorized  and 
directed  to  draw  his  order  on  the  Treasurer  in  favor  of  Frank 
E.  Healy  for  twenty-five  hundred  dollars,  and  George  E.  Hin- 
man  for  fifteen  hundred  dollars,  for  their  services  and  ex- 
penses as  Clerks  of  the  Convention,  said  sums  being  the 
amounts  fixed  by  law  for  Clerks  of  the  House  of  Representa- 
tives. 

Convention  Eesolution  No.  238.  Mr.  Flail  of  Willington 
introduced  a  resolution  paying  M.  H.  Moyer  for  services  ren- 
dered the  committee  on  Rules. 

The  resolution  was  discussed  by  Mr.  Hall  of  Willington. 

The  resolution  was  adopted. 

Following  is  the  resolution : 

Resolved  by  this  Convention : 

That  the  Comptroller  be  and  he  hereby  is  authorized  and 
directed  to  draw  his  order  on  the  Treasurer  for  the  sum  of  ten 
dollars  in  favor  of  M.  H.  Moyer  for  services  rendered  to  the 
Convention  committee  on  Rules. 

Convention  Resolution  Xo.  232.  A  resolution  authorizing 
the  Comptroller  to  purchase  copies  of  the  stenographic  report 
of  the  proceedings  of  the  Convention,  was  taken  from  the 
table,  on  motion  of  Mr.  Perry  of  Fairfield. 

The  resolution  was  discussed  by  Messrs.  Perry  of  Fairfield, 
Northrop  of  Middletown,  Clark  of  Haddam,  Clark  of  Hart- 
ford, Hall  of  Willington,  Smith  of  AVinchester,  and  Warner 
of  Salisbury. 

The  resolution  was  adopted. 

Following  is  the  resolution : 


408  JOURNAL   OF   THE    CONSTITUTIONAL   CONVENTION. 

Eesolved  by  this  Convention : 

That  the  Comptroller  be  and  he  hereby  is  authorized  to 
incur  such  reasonable  expense  not  exceeding  twenty-five  hun- 
dred dollars,  as  may  be  necessaiy  to  procure  from  Mr.  Leonard 
W.  Cogswell,  the  stenographer,  at  least  two  transcripts  of  his 
stenographic  notes  of  the  proceedings  of  this  Constitutional 
Convention  for  preservation  in  the  archives  of  the  State,  one 
copy  to  be  filed  with  the  Secretary  of  State,  and  the  other  to 
be  placed  in  the  State  Library,  but  this  arrangement  shall  not 
be  made  with  the  said  Cogswell  except  upon  the  condition 
that  no  other  copies  in  whole  or  in  part  shall  be  directly  or  in- 
directly sold  by  him. 

Convention  Resolution  JSTo.  239.  Mr.  "Woodward  of  ^or- 
walk  introduced  a  resolution  that  the  House  of  Representatives 
shall  consist  of  not  less  than  two  hundred  nor  more  than  two 
hundred  and  twenty  members,  and  that  each  town  shall  have 
at  least  one  representative,  and  providing  further  that  the 
General  Assembly  of  1903  shall  apportion  the  number  of 
representatives  among  the  several  towns. 

The  resolution  was  discussed  by  Mr.  Woodward  of  Xorwalk. 

The  resolution  was  rejected  by  a  rising  vote. 

The  following  is  the  vote : 

Whole  number  voting,  .  .  .  .  .84 

Necessary  for  passage,  .  .  .  .  .85 

Those  voting  Yes,  ....         9 

Those  voting  'No,  .  .  .  .75 

Convention  Resolution  ISTo.  240.  Mr.  Coe  of  Cromwell 
introduced  a  resolution  providing  for  an  amendment  to  the 
Constitution  by  striking  out  in  line  2  of  Section  13,  on  page 
10  of  file  JSTo.  151,  the  word  "  five,"  and  inserting  in  lieu 
thereof  the  words  "  not  less  than  three." 

The  resolution  was  discussed  by  Mr.  Coe  of  Cromwell. 

Mr.  Clark  of  Haddam  moved  that  the  resolution  be  tabled. 


J0UR1!«^AL    OF   THE    COXSTITUTIOXAL   CONVENTIOK". 


409 


The  motion  did  not  prevail. 

The  resolution  was  then  rejected. 

Convention  Resolution  No.  32.  A  resolution  providing 
that  every  town  shall  be  entitled  to  send  one  representative, 
and  every  town  whose  population  is  four  thousand  or  over  up 
to  ten  thousand  shall  be  entitled  to  send  two  representatives, 
and  one  additional  representative  for  every  ten  thousand  popu- 
lation in  excess  of  ten  thousand  population,  was  taken  from 
the  table  on  motion  of  Mr.  Osborn  of  ISTew  Haven. 

The  resolution  was  discussed  by  Mr.  Osborn  of  New  Ha- 
ven. 

On  motion  of  Mr.  Osborn  of  New  Haven,  the  vote  on  the 
resolution  was  taken  by  Yeas  and  Nays. 

The  vote  was  as  follows : 

Those  voting  Yea  were: 

Hartford  County.  —  Messrs.  C.  H.  Clark,  W.  M.  Brown, 
P.  S.  Bryant,  Grant,  Cheney,  Churchill,  Bissell,  W.  H.  Hall. 

New  Haven  County.  —  Messrs.  Osborn,  D.  T.  Walsh,  Mc- 
Mahon,  Lines,  Kendrick,  Bishop. 

New  London  County.  —  Messrs.  F.  T.  Brown,  Bailey. 

Fairfield  County. —  Messrs.  Davenport,  Dempsey,  C.  H. 
Northrop,  A.  B.  Woodward,  Merritt,  Stagg. 

Windham  County.  —  Mr.  Chandler. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  Brothwell, 
Blake. 

Those  voting  Nay  were: 

Hartford  County.  —  Messrs.  Holmes,  Sears,  Dickinson, 
Middleton,  Loomis,  Maltbie,  Cooley,  Havens,  Bartlett,  Wil- 
'  lard,  D.  E.  Phelps,  Healy. 

New  Haven  County.  —  Messrs.  S.  R.  Woodward,  Fisk, 
A.  E.  Smith,  Griswold,  Meigs,  Wallace,  Whittemore,  Ford, 
Marks,  Davis,  Hotchkiss,  Russell,  Upson. 

New  London  County.  —  Messrs.  Miner,  Buell,  King,  A. 


410  JOURNAL    OF   THE    CONSTITUTIONAL    CONVENTION. 

M.  Brown,  I,  Gillette,  Allyn,  Bromley,  Raymond,  Killeen, 
J.  F.  Brown,  Huntington,  Frink,  Morgan,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Woodman,  Bell,  Perry,  Shel- 
ton,  Wanzer,  Sanford,  Seymour,  Barnes,  O.  Hall,  Gorham, 
Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  IST. 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Hunt,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  Wright,  Ely,  Beardsley,  J.  F.  Smith, 
O'Connor,  C.  H.  Smith,  Crofut,  D.  T.  Warner,  Etheridge, 
Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  G.  M.  Clark,  Pelton,  Coe, 
Hubbard,  Purple,  Xettleton,  Terrill,  Hale,  L'Hommedieu, 
Post. 

Tolland  County.  —  Messrs.  ISTewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Pinney, 
Kinney,  Phelps,  W.  H.  Hall. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Jarvis,  Pierce,  E.  S.  Gillette, 
Redfield,  Miller,  Vance,  Condell,  Holcomb,  Sperry. 

iSTew  Haven  County.  —  Messrs.  Guilfoile,  A.  D.  Warner, 
Stevens,  Webb,  Merwin,  S.  J.  Bryant,  Wooster. 

ISTew  London  County.  —  Messrs.  Waller,  Chipman,  Riley, 
Hinckley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  E.  H.  IsTorthrop,  Jennings, 
R.  J.  Walsh,  Whitlock,  Mead. 

Windham  County.  —  Mr.  Boss. 

Litchfield  County.  —  Messrs.  J.  H.  Smith,  Kellogg,  Whit- 
tlesey, Camp,  Kirby,  Fyler. 

Middlesex  County.  —  Messrs.  Markham,  W.  H.  Smith. 

Whole  number  voting,  .....  132 

Necessary  for  passage,  .  .  .  .  .85 

Those  voting  Yea,  .  .  .  .26 

Those  voting  Nay, .         .         .         .106 


JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION.  411 

Convention  Resolution  ^o.  151.  A  resolution  providing 
that  each  town  shall  have  at  least  one  representative  was  taken 
from  the  table,  on  motion  of  Mr.  Clark  of  Haddam. 

The  resolution  was  discussed  by  Mr.  Clark  of  Haddam. 

The  resolution  was  adopted. 

Following  is  the  resolution : 
Resolved  by  this  Convention : 

That  every  town  in  this  State  shall  be  entitled  to  at  least 
one  representative. 

Mr.  Hall  of  Willington  introduced  a  resolution  providing 
that  the  Comptroller  should  pay  to  certain  members  of  the 
Convention  a  certain  amount  of  money  for  their  transporta- 
tion to  the  Convention. 

The  resolution  was  discussed  by  Messrs.  Hall  of  AVillington, 
Phelps  of  Vernon,  and  Warner  of  Salisbury. 

Mr.  Hall  of  Willington  withdrew  the  resolution. 

Convention  Resolution  No.  211.  Mr.  Hall  of  Willington 
introduced  a  resolution  providing  for  the  payment  of  the 
services  of  the  Chaplains  of  the  Convention. 

The  resolution  was  discussed  by  Messrs.  Hall  of  Willing- 
ton, Clark  of  Hartford,  Perry  of  Pairfield,  Osborn  of  New 
Haven,  Clark  of  Haddam,  Northrop  of  Middletown,  Warner 
of  Salisbury,  Milner  of  Plainfield,  and  Davenport  of  Bridge- 
port. 

The  resolution  was  adopted. 

The  following  is  the  resolution : 
Resolved  by  this  Convention  : 

That  the  Comptroller  be  and  he  hereby  is  authorized  and 
directed  to  draw  his  order  on  the  Treasurer  for  the  sum  of  one 
hundred  dollars  in  favor  of  Rev.  AVilliam  Martin  Brown  of 
Bloomfield  and  Rev.  Charles  H.  Smith  of  Plymouth,  Chap- 
lains of  this  Convention. 

On  motion  of  Mr.  Clark  of  Haddam,  the  Convention,  at 
3.30  o'clock  P.  M.,  adjourned,  to  meet  on  Wednesday,  at 
11  o'clock  A.  M. 


412  JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION. 


Wednesday,  May  14,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M.,  the 
President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  AVilliam  Martin 
Brown  of  Bloomfield. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  Comity.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
AV.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P. 
S.  Bryant,  Middleton,  Grant,  Loomis,  Miller,  Cooley, 
Churchill,  Condell,  Havens,  Bartlett,  Holcomb,  Sperry,  Bis- 
sell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

ISTew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  S.  E.  Woodward,  Fisk,  A.  E.  Smith,  McMahon,  Gris- 
wold,  Meigs,  Lines,  Wallace,  Whittemore,  Ford,  Marks, 
Davis,  Hotchkiss,  Wooster,  Eussell,  Kendrick,  Upson, 
Bishop. 

jSTew  London  County.  —  Messrs.  F.  T.  Brown,  Miner, 
Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gillette, 
Allyn,  Bromley,  Eaymond,  Killeen,  J.  F.  Brown,  Hunting- 
ton, Frink,  Morgan,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  l^orthrop,  Bell,  Jennings,  Perry,  Whitlock,  Shel- 
ton.  Mead,  Wanzer,  C.  H.  ISTorthrop,  A.  B.  Woodward,  San- 
ford,  Seymour,  Barnes,  Merritt,  Stagg,  O.  Hall,  Gorham, 
Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  N. 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Chandler,  Bowen. 

Litchfield  Countv.  —  Messrs.  W.  B.  Smith,  Eieach,  Case, 


JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION. 


413 


Mallett,  Bel  den,  J.  II.  Smith,  Kellogg,  Wright,  Ely,  Beards- 
ley,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H.  Smith, 
Crofnt,  D.  T.  Warner,  Etheridge,  Strong,  Brinsmade,  Wool- 
son,  Ciirtiss. 

Middlesex  Connty.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  Markham,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple, 
Blake,  N'ettleton,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedien, 
Post, 

Tolland  County.  —  Messrs.   jSTeweomb,   Skinner,   Sumner, 
Collins,  Hawkins,  Charter,  Porter,   Storrs,  Keeney,  Pinney, 
Kinney,  Phelps,  W.  H.  Hall. 
/ 

Those  absent  and  not  answering  were : 

Hartford  County.  —  Messrs.  Redfield,  Maltbie,  Cheney, 
Vance. 

New  Haven  County.  —  Messrs.  A.  D.  Warner,  Stevens, 
Webb,  Merwin,  S.  J.  Bryant. 

JSTew  London  County.  —  Messrs.  AValler,  Riley,  Hinckley. 

Eairfield  County.  —  Mr.  R.  J.  Walsh. 

Windham  County.  —  Messrs.  Boss,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Kirby,  Eyler. 

Whole  number  answering,       .  .  .  .150 

JSTumber  absent  and  not  answering,  .  .  .18 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  No.  242.  Mr.  Bailey  of  Groton 
introduced  a  resolution  providing  for  the  submission  to  the 
people  of  two  plans  of  representation,  the  "  One  and  Sixty  " 
plan  and  the  "  Population  "  plan. 

The  resolution  did  not  prevail. 

Convention  Resolution  No.  243.  Mr.  Warner  of  Salis- 
bury introduced  a  resolution  adopting  the  system  of  repre- 
sentation embodied  in  Section  Three,  Article  Three,  of  Eile 
No.  151  (one  Representative  from  each  town). 


414 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 


The  resolution  was  discussed  by  Messrs.  AYarner  of  Salis- 
bury and  Perry  of  Fairfield. 

Mr.  Warner  of  Salisbury  moved  that  when  the  vote  be 
taken  it  be  taken  by  Yeas  and  Xays. 

The  motion  prevailed. 

The  resolution  did  not  prevail. 

The  vote  was  as  follows  : 

Those  voting  Y"ea  were : 

Hartford  County.  —  Messrs.  Holmes,  Loomis,  Miller, 
Cooley,  Havens,  Bartlett,  D.  E.  Phelps. 

New  Haven  County.  —  Messrs.  Fisk,  Griswold,  Meigs, 
Ford,  Hotchkiss,  Russell. 

ISTew  London  County.  —  Messrs.  Miner,  Chipman,  King, 
A.  M.  Brown,  I.  Gillette,  Allyn,  Bromley,  Killeen,  Frink, 
E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Woodman,  E.  H.  ISTorthrop, 
Bell,  Wanzer,  Sanford,  Barnes,  O.  Hall,  Gorham. 

Windham  County.  —  Messrs.  Fitts,  Evans,  L.  1^.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Elliott,  Waldo, 
Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beards- 
ley,  J.  F.  Smith,  O'Connor,  C.  H.  Smith,  Crofut,  D.  T. 
Warner,  Etheridge,  Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  Pelton,  Hubbard,  Purple, 
Nettleton,  W.  H.  Smith,  Hale,  Post. 

Tolland  County.  —  Messrs.  Sumner,  Collins,  Hawkins, 
Charter,  Porter,  Storrs,  Kinney. 

Those  voting  ISTay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  E.  S.  Gillette,  Sears,  Middleton,  Grant,  Churchill, 
Condell,  Holcomb,  Bissell,  W.  H.  Hall. 

'New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 


JOURNAL   OF   THE    CONSTITUTIONAL    CONVENTION.  41  ^ 

Walsh,  S.  R.  Woodward,  A.  E.  Smith,  McMahon,  Lines, 
Wallace,  Whittemore,  Marks,  Davis,  Wooster,  Kendrick, 
Upson,  Bishop. 

ISTew  London  County.  —  Messrs.  F.  T.  Brown,  Buell, 
Bailey,  Eaymond,  J.  F.  Brown,  Huntington,  Morgan. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Jen- 
nings, Perry,  Whitlock,  Shelton,  Mead,  C.  H.  Northrop, 
A.  B.  Woodward,  Merritt,  Stagg,  Wakenian,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Milner,  Chandler. 

Litchfield  County.  —  Mr.  Whittlesey. 

Middlesex  County.  —  Messrs.  D.  W.  Xorthrop,  Markham, 
Brothwell,  Coe,  Blake,  Terrill,  L'Hommedieu. 

Tolland  County.  — ■  Messrs.  Skinner,  Pinney,  Phelps. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Pierce,  Dickinson,  P.  S. 
Bryant,  Eedfield,  Maltbie,  Cheney,  Vance,  Sperry,  Willard, 
Healy. 

JSTew  Haven  County.  —  Messrs.  A.  D.  Warner,  Stevens, 
Webb,  Merwin,  S.  J.  Bryant. 

JSTew  London  County.  —  Messrs.  Waller,  Piley,  Hinckley. 

Fairfield  County.  —  Messrs.  R.  J.  Walsh,  Seymour. 

Windham  County.  —  Messrs.  Boss,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Camp,  Kirby,  Fyler. 

Middlesex  County.  —  Mr.  G.  M.  Clark. 

Tolland  County.  —  Messrs.  ISTewcomb,  Keeney,  W.  H. 
Hall. 


Whole  number  voting, 

Necessary   for   passage. 

Those  voting  Yea, 

Those  voting  Nay, 


.  137 

.     85 
Y6 
61 


Convention  Resolution  No.  244.  Mr.  Warner  of  Salisbury 
introduced  a  resolution  providing  that  every  town  shall  elect 
one  representative;  every  incorporated  city  having  a  popula- 


416  JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 

tion  of  fifteen  to  fifty  thousand,  one  representative;  fifty 
thousand  to  one  hundred  thousand,  two  representatives;  and 
one  hundred  thousand  and  over,  three  representatives;  and 
that  the  Senate  shall  consist  of  forty-five  members. 

The  resolution  was  discussed  by  Messrs.  "Warner  of  Salis- 
bury, Osborn  of  jS^ew  Haven,  Northrop  of  Middletown,  Gil- 
lette of  Burlington,  and  Smith  of  Winchester. 

Mr.  Griswold  of  Guilford  moved  to  amend  by  Schedule 
"  A,"  providing  for  one  representative  from  each  town  and 
one  additional  from  each  town  containing  an  incorporated 
city. 

The  amendment  w^as  discussed  by  Messrs.  Griswold  of 
Guilford,  Milner  of  Plainfield,  Davenport  of  Bridgeport, 
Warner  of  Salisbury,  Guilfoile  of  Waterbury,  and  Wood- 
ward of  Xorwalk. 

The  amendment  Schedule  "  A  "  did  not  prevail. 

Mr.  Warner  of  Salisbury  moved  that  when  the  vote  on  the 
resolution  be  taken  it  be  taken  by  Yeas  and  Nays. 

The  motion  prevailed. 

The  resolution  did  not  prevail. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Holmes,  E.  S.  Gillette,  Dick- 
inson, Miller,  Havens,  W.  H.  Hall. 

New  Haven  County.  —  Messrs.  S.  R.  Woodward,  Meigs, 
Ford,  Davis,  Hotchkiss. 

New  London  County.  —  Messrs.  A.  M.  Brown,  Allj^n,  Kil- 
leen. 

Fairfield  County.  —  Messrs.  Dempsey,  Bell,  Mead,  San- 
ford,  Barnes,  O.  Hall. 

Windham  County.  —  Messrs.  Groesbeck,  Latham,  Burn- 
ham,  Somes,  Elliott,  Waldo. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beards- 


JOURNAL   OF   THE    COKSTITUTlOiNAL    CONVEISTION.  417 

ley,  Whittlesey,  J.  F.  Smith,  Camp,  G.  H.  Smith,  D.  T. 
Warner,  Etheridge,  Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex  Coimty.  —  Messrs.  Pelton,  Coe,  Hnbbard,  jSTet- 
tleton,  W.  H.  Smith,  L'Hommedien. 

Tolland  County.  —  Messrs.  Snmner,  Collins,  Storrs,  Kin- 
ney, W.  H.  Hall. 

Those  voting  Xay  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  Pierce,  Sears,  P.  S.  Bryant,  Middleton,  Grant,  Con- 
dell,  Bartlett,  Holcomb,  Bissell,  Willard,  Healy. 

Xew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  Pisk,  A.  E.  Smith,  McMahon,  Griswold,  Lines,  Wal- 
lace, Whittemore,  Marks,  Wooster,  Eussell,  Kendrick,  Up- 
son, Bishop. 

iSTew  London  County.  —  Messrs.  P.  T.  Brown,  Miner, 
Buell,  Chipman,  King,  Bailey,  I.  Gillette,  Bromley,  Ray- 
mond, Prink,  Morgan,  E.  B.  Gallup,  C.  A.  Gallup. 

Pairfield  County.  —  Messrs.  Davenport,  Woodman,  E.  H. 
jSTorthrop,  Jennings,  Perry,  Whitlock,  Shelton,  Wanzer,  C. 
H.  ]^orthrop,  A.  B.  Woodward,  Seymour,  Merritt,  Stagg, 
Gorham,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Pitts,  L.  IST.  Clark, 
Milner,  Chandler,  Bowen. 

Litchfield  County.  —  Messrs.  O'Connor,  Crofut. 

Middlesex  County.  —  Messrs.  D.  W.  Xorthrop,  G.  M. 
Clark,  Markham,  Brothwell,  Blake,  Terrill,  Hale,  Post. 

Tolland  County.  —  Messrs.  Newcomb,  Skinner,  Hawkins, 
Charter,  Pinney,  Phelps. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Eedfield,  Loomis,  Maltbie, 
Cheney,  Cooley,  Vance,  Churchill,  Sperry,  D.  E.  Phelps. 

Xew  Haven  County.  —  Messrs.  A.  D.  Warner,  Stevens, 
Webb,  Merwin,  S.  J.  Bryant, 
c.  c— 27 


418  JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 

'New  London  County.  —  Messrs.  Waller,  J.  F.  Brown, 
Hnntington,  Eiley,  Hinckley. 

Fairfield  County.  —  Mr.  K.  J.  Walsh. 
Windham  County,  —  Messrs.  Boss,  Evans,  Hunt. 
Litchfield  County.  —  Messrs.  Hayes,  Kirby,  Fyler. 
Middlesex  County.  —  Mr.  Purple. 
Tolland  County.  —  Messrs.  Porter,  Keeney. 

Whole  number  voting,  .  .  .  .  .138 

jS^ecessary  for  passage,  .  .  .  .  .85 

Those  voting  Yea,  .  .  .  .57 

Those  voting  ISTay,  .  .  .  .81 

Convention  Resolution  No.  245.  Mr.  Hall  of  Willington 
introduced  a  resolution  paying  for  the  preparation  of  a  chart 
for  the  presiding  ofiicer. 

Mr.  Clark  of  Hartford  moved  that  the  resolution  be  tabled. 

The  motion  did  not  prevail. 

The  resolution  was  discussed  by  Messrs.  Clark  of  Hartford, 
Hall  of  Willington,  Perry  of  Fairfield,  Bryant  of  East  Hart- 
ford, and  iSTorthrop  of  Middletown. 

The  resolution  was  then  adopted. 

The  following  is  the  resolution : 

Resolved  by  this  Convention  : 

That  the  Comptroller  be  and  he  is  hereby  authorized  to 
draw  his  order  on  the  Treasurer  for  the  sum  of  ten  dollars 
each  in  favor  of  Marion  C.  Wicks  and  Edward  Schulze  for 
preparing  chart  of  the  Convention  Hall  for  the  use  of  the 
presiding  ofiicer. 

Convention  Resolution  No.  246.  Mr.  Hall  of  Willington 
introduced  a  resolution  paying  Luther  H.  Trieschmann  for 
services  rendered. 

The  resolution  was  discussed  by  Messrs.  Hall  of  Willington, 
Clark  of  Hartford,  and  Periy  of  Fairfield. 

Mr.  Perry  of  Fairfield  moved  to  amend  by  Schedule  "  A." 

The  amendment  prevailed. 


JOURNAL   OF   THE    CONSTITUTIONAL    CONVENTION.  419 

The  resohition  was  further  discussed  by  Messrs.  Clark  of 
Haddam,  Dempsey  of  Danbury,  and  l^orthrop  of  Middle- 
town. 

The  resolution  was  then  adopted. 

The  following  is  the  amendment  adopted : 

Schedule   "A." 

Strike  out  the  words  "  tonsorial  artist."  Insert,  in  lieu 
thereof,  the  word  "  barber." 

The  following  is  the  resolution  as  amended : 
Eesolved  by  this  Convention  : 

That  the  Comptroller  be  and  he  hereby  is  authorized  and 
directed  to  draw  his  order  on  the  Treasurer  for  the  sum  of  ten 
dollars  and  eight  cents  per  week  for  actual  time  employed, 
in  favor  of  Luther  H.  Trieschmann,  said  sum  being  compensa- 
tion for  services  as  coat-room  barber. 

On  motion  of  Mr.  Loomis  of  Glastonbury,  the  Convention, 
at  12.50  o'clock  P.  M.,  took  a  recess  until  2  o'clock  P.  M. 


"Wednesday  afternoon.  May  14,  1902. 

The  Convention  Avas  called  to  order  at  2  o'clock  P.  M., 
the  President  in  the  Chair. 

CONVENTION    RESOLUTIONS. 

Convention  Resolution  ISTo.  247.  Mr.  Perry  of  Fairfield 
introduced  a  resolution  providing  for  the  notification  of  ab- 
sentees. 

The  resolution  was  adopted. 

The  following  is  the  resolution : 

Kesolved,  That  it  is  the  sense  of  this  Convention  that  its 
labors  can  and  should  be  concluded  this  week,  and  the  Clerk 
is  hereby  directed  to  notify  by  telegram  each  member  not 


420  JOUKNAL    OF   THE    COIS'STITUTIONAL    CONVENTION. 

now  present  that  his  presence  is  urgently  requested  tomorrow 
morning  at  11  o'clock. 

Mr.  Perry  of  Fairfield  moved  that  the  roll  of  the  Conven- 
tion be  called  by  the  Clerk. 

The  motion  prevailed. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention.  ■ 

Those  present  and  answering  to  their  names  were : 

Hartford  Connty.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  Mid- 
dleton,  Grant,  Loomis,  Miller,  Cooley,  Churchill,  Condell, 
Havens,  Bartlett,  Holcomb,  Sperry,  Bissell,  Willard,  D.  E. 
Phelps,  Healy. 

'New  Haven  County.  —  Messrs.  Osborn,  Guilf oile,  D.  T. 
Walsh,  S.  R.  Woodward,  A.  E.  Smith,  McMahon,  Griswold, 
Meigs,  Lines,  Wallace,  Whittemore,  Eord,  Marks,  Davis, 
Hotchkiss,  Wooster,  Kussell,  Kendrick,  Upson,  Bishop. 

New  London  County.  —  Messrs.  F.  T.  Brown,  Miner, 
Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gillette, 
Allyn,  Bromley,  Raymond,  Killeen,  J.  F.  Brown,  Hunting- 
ton, Frink,  Morgan,  E.  B.  Gallup,  C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  IsTorthrop,  Bell,  Jennings,  Perry,  Whitlock,  Shel- 
ton.  Mead,  Wanzer,  C.  H.  ISTorthrop,  A.  B.  Woodward,  San- 
ford,  Seymour,  Barnes,  Merritt,  Stagg,  O.  Hall,  Gorham, 
Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  1^. 
Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner,  Elliott, 
Waldo,  Chandler,  Bowen.  , 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  Belden,  J.  H.  Smith,  Kellogg,  AVright,  Ely,  Beards- 
ley,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H.  Smith, 
Crofut,  D.  T.  Warner,  Etheridge,  Strong,  Brinsmade,  Wool- 
son. 

Middlesex   County. — Messrs.   D.    W.    Northrop,    G.    M. 


JOURNAL    OF    THE    CONSTITUTIONAL   CONVENTION'.  421 

Clark,  Markham,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple, 
Blake,  Xettleton,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedien, 
Post. 

Tolland  County.  —  Messrs.  J^ewcomb,  Skinner,  Sumner, 
Collins,  Charter,  Porter,  Storrs,  Keenej,  Pinney,  Kinney, 
Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  were : 

Hartford  County.  —  Messrs.  P.  S.  Bryant,  Eedfield,  Malt- 
bie,  Cheney,  Vance,  W.  H.  Hall. 

]^ew  Haven  County.  —  Messrs.  A.  D.  "Warner,  Pisk, 
Stevens,  Webb,  Merwin,  S.  J.  Bryant. 

iN'ew  London  County.  —  Messrs.  Waller,  Riley,  Hinckley. 

Fairfield  County.  —  Mr.  E.  J.  Walsh. 

Windham  County.  —  Messrs.  Boss,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Kirby,  Fyler,  Curtiss. 

Tolland  County.  —  Mr.  Hawkins. 

T^umber  answering,       .....  145 
ISTumber  not  answering,         .  .  .  .23 

Convention  Eesolution  ISTo.  248.  Mr.  Brothwell  of  Chester 
introduced  a  resolution  providing  for  one  representative  from 
each  town  and  one  from  each  senatorial  district,  and  a  Senate 
of  from  thirty-six  to  forty  members. 

Mr.  Brothwell  of  Chester  moved  that  the  vote  be  taken 
by  Yeas  and  iSTays. 

The  motion  prevailed. 

The  resolution  did  not  prevail. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  W.  M.  Brown, 
Pierce,  Miller,  Holcomb,  Sperry. 

K'ew  Haven  County.  —  Messrs.  S'.  E.  Woodward,  A.  E. 
Smith,  Wallace,  Ford,  Marks,  Upson,  Bishop. 


422     JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 

New  London  County.  —  Messrs.  F.  T.  Brown,  Kaymond, 
J.  F.  Brown,  Huntington. 

Fairfield  County.  —  Messrs.  Jennings,  Perry,  A.  B.  Wood- 
ward, Seymour,  Merritt,  Stagg,  Wakeman. 

Windham  County.  —  Messrs.  Groesbeck,  Milner. 

Litchfield  County.  —  Messrs.  Case,  Whittlesey. 

Middlesex  County.  —  Messrs.  D.  W.  l^orthrop,  Markham, 
Brothwell,  Blake. 

Tolland  County.  —  Messrs.  Keeney,  W.  H.  Hall. 

Those  voting  l^ay  were : 

Hartford  County.  —  Messrs.  Holmes,  Jarvis,  E.  S.  Gil- 
lette, Sears,  Dickinson,  Middleton,  Grant,  Loomis,  Cooley, 
Condell,  Havens,  Bartlett,  Bissell,  D.  E.  Phelps,  Healy. 

JSTew  Haven  County.  —  Messrs.  Guilfoile,  McMahon,  Gris- 
wold,  Meigs,  Lines,  Whittemore,  Davis,  Hotchkiss,  Wooster, 
Russell,  Kendrick. 

I*^ew  London  County.  —  Messrs.  Miner,  Chipman,  King, 
Bailey,  I.  Gillette,  Bromley,  Frink,  E.  B.  Gallup,  C.  A. 
Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  Woodman,  E.  H. 
Northrop,  Bell,  Whitlock,  Shelton,  Mead,  Wanzer,  C.  H. 
Northrop,  Sanford,  Barnes,  O.  Hall,  Gorham,  Chichester. 

Windham  County.  —  Messrs.  Bugbee,  Fitts,  Evans,  L.  N. 
Clark,  Latham,  Burnham,  Somes,  Elliott,  Waldo,  Chandler, 
Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Belden, 
J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beardsley,  J.  F.  Smith, 
O'Connor,  Camp,  C.  H.  Smith,  Crofut,  D.  T.  AVarner,  Ether- 
idge,  Strong,  Brinsmade,  Woolson. 

Middlesex  County.  —  Messrs.  G.  M.  Clark,  Pelton,  Coe, 
Hubbard,  Purple,  Nettleton,  Terrill,  W.  H.  Smith,  Hale, 
L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Newcomb,  Skinner,  Sumner, 
Collins,  Charter,  Porter,  Storrs,  Pinney,  Kinney,  Phelps. 


JOURNAL   OF   THE    CONSTITUTIONAL    CONVENTION.  423 

Those  absent  and  not  voting  were  : 

Hartford  County.  —  Messrs.  P.  S.  Bryant,  Redfield,  Malt- 
bie,  Cheney,  Vance,  Churchill,  W.  H.  Hall,  Willard. 

jSTew  Haven  County.  —  Messrs.  Osborn,  D,  T.  Walsh,  A. 
D.  Warner,  Fisk,  Stevens,  Webb,  Merwin,  S.  J.  Bryant. 

ISTew  London  County.  —  Messrs.  Waller,  Buell,  A.  M. 
Brown,  Allyn,  Killeen,  Morgan,  Riley,  Hinckley. 

Fairfield  County.  —  Messrs.  Davenport,  E.  J.  Walsh. 

Windham  County.  —  Messrs.  Boss,  Hunt. 

Litchfield  County.  —  Messrs.  Hayes,  Mallett,  Kirby,  Fyler, 
Curtiss. 

Tolland  County.  —  Mr.  Hawkins. 

Whole  number  voting,  .....  133 

jSTecessary  for  passage,  .  .  .  .  .85 

Those  voting  Yea,  .  .  .  .34 

Those  voting  ISTay,  .         .         .         .99 

Mr.  Merritt  of  Stamford  moved  that  the  Convention  ad- 
journ. 

Mr.  Clark  of  Haddam  asked  leave  to  introduce  a  resolution. 

Mr.  Milner  of  Plainfield  raised  the  point  of  order  that  a 
motion  to  adjourn  was  pending,  and  a  resolution  was  there- 
fore not  in  order. 

Mr.  Merritt  of  Stamford  withdrew  his  motion  to  adjourn. 

CONVENTION  RESOLUTIONS. 

Convention  Resolution  No.  249.  Mr.  Clark  of  Haddam 
introduced  a  resolution  providing  that  each  town  shall  have 
one  representative  and  each  county  shall  have  additional  rep- 
resentatives, elected  on  the  minority  representation  plan,  as 
follows:  Hartford  County,  thirteen;  New  Haven  County, 
seventeen;  New  London  County,  five;  Fairfield  County, 
eleven;  Windham  County,  three;  Litchfield  County,  five; 
Middlesex  County,  three;   Tolland  County,  two. 

The  resolution  was  tabled. 


424  JOURNAL    OF   THE    CONSTITUTIONAL   CONVENTION. 

Convention  Resolution  Xo.  250.  Mr.  Lines  of  Meriden 
introduced  a  resolution  providing  that  each  town  of  less 
than  five  thousand  population  shall  have  one  representative; 
five  thousand  to  twenty  thousand,  two;  twenty  thousand  to 
sixty  thousand,  three;  sixty  thousand  to  one  hundred  thou- 
sand, four;  one  hundred  thousand  to  one  hundred  and  forty 
thousand,  five;  and  one  for  each  additional  forty  thousand, 
and  for  a  Senate  of  from  thirty-six  to  forty-five  members. 

The  resolution  was  tabled. 

[Vice-President  Perry  in  the  Chair.] 

Convention  Resolution  'No.  251.  Mr.  Hotchkiss  of  Pros- 
pect introduced  a  resolution  providing  that  each  town  shall 
elect  one  representative ;  each  city  of  less  than  fifty  thousand 
population,  one;  fifty  thousand  to  one  hundred  thousand,  two; 
more  than  one  hundred  thousand,  three. 

The  resolution  w^as  tabled. 

Convention  Resolution  Xo.  252.  Mr.  Bissell  of  Sufiield 
introduced  a  resolution  providing  that  every  town  of  less  than 
two  thousand  population  shall  have  one  representative;  to-wns 
of  less  than  fifty  thousand  population,  two  representatives, 
and  one  additional  representative  for  each  fifty  thousand  of 
population  in  excess  of  the  first  fifty  thousand;  and  a  Sen- 
ate consisting  of  forty-five  members,  no  county  having  less 
than  two  Senators. 

The  resolution  was  tabled. 

Mr.  Warner  of  Salisbury  moved  that  the  block  and  gavel 
used  by  the  presiding  ofiicer  of  the  Convention  during  its 
sessions  be  suitably  inscribed  and  presented  to  Hon.  Charles 
B.  Andrews,  President  of  the  Convention,  and  that  Hon. 
Xorris  G.  Osborn,  the  delegate  from  Xew  Haven,  be  ap- 
pointed to  present  the  same. 

The  motion  prevailed,  unanimously. 

Mr.  Xorthrop  of  Xewtown  moved  to  amend  Section  1  of 
Article  Seventh  of  the  Constitution  by  striking  out  in  line 


JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION- 


425 


7  the  word  "  to "  and  inserting  in  lieu  thereof  the  word 
"  with." 

The  amendment  was  discussed  by  Messrs.  ISTorthrop  of  Mid- 
dletown  and  Davenport  of  Bridgeport. 

The  amendment  did  not  prevail. 

Mr.  Clark  of  Haddam  moved  to  amend  Section  11  of 
Article  Fourth  of  the  Constitution  by  striking  out  in  line  16 
the  word  "  ten,"  and  inserting,  in  lieu  thereof,  the  word 
"  five." 

The  amendment  was  discussed  by  Messrs.  Clark  of  Had- 
dam and  Warner  of  Salisbury. 

The  amendment  did  not  prevail. 

[The  President  in  the  Chair.] 

Mr.  Guilfoile  of  Waterbury  moved  to  amend  Section  1  of 
Article  Twelfth  of  the  Constitution  by  striking  out  in  line 
6  the  word  "  registered." 

Mr.  Guilfoile  of  Waterbury  moved  that  the  amendment  be 
tabled. 

The  motion  did  not  prevail. 

By  unanimous  consent,  Mr.  Guilfoile  of  Waterbury  with- 
drew his  proposed  amendment. 

On  motion  of  Mr.  Osborn  of  New  Haven,  the  Convention, 
at  3.31  o'clock  P.  M.,  adjourned,  to  meet  on  Thursday,  at 
11  o'clock  A.  M. 


426  JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 


Thursday,  May  15,  1902. 

The  Convention  was  called  to  order  at  11  o'clock  A.  M., 
the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain,  Eev.  Charles  H.  Smith 
of  Plymouth. 

The  Clerk  proceeded  to  call  the  roll  of  the  Convention. 

Those  present  and  answering  to  their  names  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  P.  S. 
Bryant,  Middleton,  Grant,  Loomis,  Maltbie,  Miller,  Cheney, 
Cooley,  Churchill,  Condell,  Havens,  Bartlett,  Holcomb, 
Sperry,  Bissell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  S.  E.  Woodward,  Eisk,  A.  E.  Smith, 
McMahon,  Webb,  Meigs,  Lines,  Wallace,  Merwin,  Whitte- 
more.  Ford,  Marks,  Davis,  Hotchkiss,  Wooster,  Eussell,  Ken- 
drick,  .Upson,  Bishop. 

New  London  County.  —  Messrs.  Waller,  F.  T.  Brown, 
Miner,  Buell,  Chipman,  King,  A.  M.  Brown,  Bailey,  I.  Gil- 
lette, Allyn,  Bromley,  Eaymond,  Killeen,  J.  E.  BroAvn, 
Huntington,  Erink,  Morgan,  Puley,  E.  B.  Gallup,  C.  A. 
Gallup. 

Eairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  Northrop,  Bell,  Jennings,  Perry,  Whitlock,  Shel- 
ton.  Mead,  Wanzer,  C.  H.  Northrop,  A.  B.  Woodward,  San- 
ford,  Seymour,  Barnes,  Merritt,  Stagg,  0.  Hall,  Gorham, 
Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Eitts,  Evans, 
L.  N.  Clark,  Groesbeck,  Latham,  Burnham,  Somes,  Milner, 
Elliott,  Waldo,  Chandler,  Bowen. 


JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION.  427 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 
Beardsley,  Whittlesey,  J.  F.  Smith,  O'Connor,  Camp,  C.  H. 
Smith,  Crofiit,  D.  T.  Warner,  Etheridge,  Strong,  Brinsmade, 
Woolson,  Cnrtiss. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,  llarkham,  Brothwell,  Pelton,  Coe,  Hubbard,  Purple, 
Blake,  Xettleton,  Terrill,  W.  H.  Smith,  Hale,  L'Hommedieu, 
Post. 

Tolland  County.  —  Messrs.  Xewcomb,  Skinner,  Sumner, 
Collins,  Hawkins,  Charter,  Porter,  Storrs,  Keeney,  Pinney, 
Kinney,  Phelps,  W.  H.  Hall. 

Those  absent  and  not  answering  w^ere : 

Hartford  County.  —  Messrs.  Eedfield,  Vance. 
Xew  Haven  County.  —  Messrs.   Stevens,  Griswold,  S.  J. 
Bryant. 

IsFew  London  County.  —  Mr.  Hinckley. 
Eairfield  County.  —  Mr.  K.  J.  Walsh. 
Windham  County.  —  Mr.  Hunt. 
Litchfield  County.  —  Messrs.  Kirby,  Fyler. 

Xumber  answering,       .  .  .  .  .158 

Xumber  not  answering,  .  .  .  .10 

[Vice-President  Waller  in  the  Chair.] 

CONVENTION   RESOLUTION. 

Convention  Resolution  Xo.  176.  A  resolution  providing 
that  each  town  having  a  population  of  less  than  five  thousand 
shall  have  one  representative,  and  each  town  of  five  thousand 
and  less  than  twenty-five  thousand  shall  have  two  representa- 
tives and  one  additional  representative  for  every  fifty  thou- 
sand population  in  excess  of  twenty-five  thousand,  and  a 
Senate  consisting  of  from  thirty-six  to  forty-five  members, 


428     JOURXAL  OF  THE  CONSTITUTIONAL  CONVENTION. 

was  taken  from  the  table,   on  motion  of  Mr.   Andrews  of 
Litchfield. 

The  resolution  was  discussed  by  Mr.  Andrews  of  Litchfield. 

[The  President  in  the  Chair.] 

Mr.  Waller  of  Xew  London  moved  to  amend  the  resolution 
by  Schedule  "  A/'  making  the  Senate  to  consist  of  forty-five 
members. 

The  motion  to  amend  was  discussed  by  Messrs.  Waller  of 
JSTew  London,  Clark  of  Haddam,  Warner  of  Salisbury,  and 
Smith  of  Winchester. 

Mr.  Waller  of  I^ew  London  moved  that  when  the  vote  be 
taken  on  the  amendment  it  be  by  the  Yeas  and  jSTays. 

The  motion  prevailed. 

The  motion  to  amend  by  Schedule  "A"  did  not  prevail. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  Holmes,  Jarvis,  W.  M. 
Brown,  Pierce,  E.  S.  Gillette,  Sears,  Dickinson,  Middleton, 
Miller,  Condell,  Havens,  Bissell,  W.  H.  Hall,  D.  E.  Phelps, 
Healy. 

ISTew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  A.  D.  Warner,  McMahon,  Meigs,  Whittemore,  Ford, 
Davis,  Kendrick. 

ISTew  London  County.  —  Messrs.  Waller,  Chipman,  Brom- 
ley, C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Dempsey,  Gorham. 

Windham  County.  —  Messrs.  Evans,  Groesbeck,  Latham, 
Burnham,  Somes,  Elliott,  Waldo,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Kellogg,  Wright,  Ely, 
Beardsley,  Whittlesey,  J.  F.  Smith,  Camp,  C.  H.  Smith, 
Crofut,  D.  T.  Warner,  Strong,  Brinsmade,  Woolson. 


JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION.  429 

Middlesex  County.  —  Messrs.  Coe,  Hubbard,  Purple,  Ter- 
rill,  AV.  H.  Smith,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Collins, 
Hawkins,  Charter,  Porter,  Pinney,  Kinney. 

Those  voting  'Nay  were : 

Hartford  County. — Messrs.  C.  H.  Clark,  P.  S.  Bryant, 
Grant,  Loomis,  Maltbie,  Cheney,  Cooley,  Churchill,  Bartlett, 
Holcomb,  Sperry,  Willard. 

New  Haven  County.  —  Messrs.  S.  P.  Woodward,  A.  E. 
Smith,  Webb,  Lines,  Wallace,  Merwin,  Marks,  Hotchkiss, 
Wooster,  Eussell,  Upson. 

XeAV  London  County.  —  Messrs.  F.  T.  Brown,  Miner, 
Buell,  King,  A.  M.  Brown,  Bailey,  I.  Gillette,  Allyn,  Eay- 
mond,  Killeen,  J.  F.  Brown,  Huntington,  Frink,  Morgan, 
Eiley,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  E.  H. 
Northrop,  Bell,  Jennings,  Perry,  Whitlock,  Shelton,  Mead, 
Wanzer,  C.  H.  Northrop,  A.  B.  Woodward,  Sanford,  Sey- 
mour, Barnes,  Merritt,  Stagg,  0.  Hall,  Wakeman,  Chichester. 

AVindham  County.  —  Messrs.  Boss,  Bugbee,  Fitts,  L.  N. 
Clark,  Milner,  Chandler. 

Litchfield  County.  —  Messrs.  Etheridge,   Curtiss. 

Middlesex  County.  —  Messrs.  D.  W.  Northrop,  G.  M. 
Clark,   Markham,   Brothwell,  Pelton,   Blake,   Nettleton. 

Tolland  County.  —  Messrs.  Newcomb,  Storrs,  Keeney, 
Phelps,  W.  H.  Hall. 

Those  absent  and  not  voting  were  : 

Hartford  County.  —  Messrs.  Kedfield,  Vance. 
New  Haven  County.  —  Messrs.  Fisk,  Stevens,  Griswold, 
S.  J.  Bryant,  Bishop. 

New  London  County.  —  Mr.  Hinckley. 

Fairfield  County.  —  Mr.  E.  J.  Walsh. 

Windham  County.  —  Mr.  Hunt. 

Litchfield  County.  —  Messrs.  O'Connor,  Kirby,  Fyler. 


430  JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION. 

AVliole  number  voting,  ....   154 

l^ecessarj   for   passage,  .  .  .  .78 

Those  voting  Yea,  .  .  .75 

Those  voting  ISTay,  .  .  .79 

Mr.  Waller  of  'New  London  moved  that  the  vote  on  the 
pending  resolntion  be  divided,  so  that  a  separate  vote  could 
be  taken  on  the  composition  of  the  House  of  Kepresentatives 
and  the  Senate. 

The  motion  did  not  prevail. 

On  motion  of  Mr.  Huntington  of  Old  Lyme,  the  previous 
question  was  ordered  on  the  resolution. 

Mr.  Holcomb  of  Southington  moved  that  the  vote  on  the 
resolution  be  taken  by  Yeas  and  ISTays. 

The  motion  prevailed. 

The  resolution  did  not  prevail. 

The  vote  was  as  follows: 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  Pierce,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Grant, 
Cheney,  Churchill,  Condell,  Holcomb,  Sperry,  Bissell,  W. 
H.  Hall,  Healy. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  A.  D. 
Warner,  S.  R.  Woodward,  A.  E.  Smith,  McMahon,  Webb, 
Lines,  Wallace,  Merwin,  Whittemore,  Ford,  Marks,  Davis, 
Wooster,  Kendrick,  Upson. 

ISTew  London  County.  —  Messrs.  F.  T.  Brown,  Buell,  A. 
M.  Brown,  Bailey,  Allyn,  Raymond,  J.  F.  Brown,  Hunting- 
ton, Morgan. 

Fairfield  County.  —  Messrs.  Jennings,  Perry,  Whitlock, 
Shelton,  C.  H.  K'orthrop,  A.  B.  Woodward,  Seymour,  Mer- 
ritt,  Stagg,  Wakeman. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Milner, 
Waldo,  Chandler. 


JOURIiTAL    OF   THE    CONSTITUTIONAL    CONVENTION.  431 

Litchfield  County.  —  Messrs.  Hayes,  Belden,  Whittlesey. 

Middlesex  County.  —  D.  W.  Northrop,  Markham,  Broth- 
well,  Blake,  Terrill,  W.  H.  Smith,  L'Hommedieii. 

Tolland  County.  —  Messrs.  Skinner,  Hawkins,  Keeney, 
Finney,  Phelps,  W.  H.  Hall. 

Those  voting  Xay  were : 

Hartford  County.  —  Messrs.  Holmes,  Dickinson,  Middle- 
ton,  Loomis,  Maltbie,  Miller,  Cooley,  Havens,  Bartlett,  Wil- 
lard,  D.  E.  Phelps.  . 

New  Haven  County.  —  Messrs.  D.  T.  Walsh,  Fisk,  Meigs. 
Hotchkiss,  Eussell. 

New  London  County.  —  Messrs.  Waller,  Miner,  Chipman, 
King,  I.  Gillette,  Bromley,  Killeen,  Frink,  Riley,  E.  B.  Gal- 
lup, C.  A.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Dempsey,  Wood- 
man, E.  H.  Northrop,  Bell,  Mead,  Wanzer,  Sanford,  Barnes, 
O.  Hall,  Gorliam,  Chichester. 

Windham  County.  —  Messrs.  Fitts,  Evans,  L.  N.  Clark, 
Groesbeck,  Latham,  Burnham,  Somes,  Elliott,  Bowen. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Mallett,  J.  H.  Smith,  Kellogg,  Wright,  Ely,  Beardsley,  J. 
F.  Smith,  Camp,  C.  H.  Smith,  Crofut,  D.  T.  Warner,  Eth- 
eridge.  Strong,  Brinsmade,  Woolson,  Curtiss. 

Middlesex  County.  —  Messrs.  G.  M.  Clark,  Pelton,  Coe, 
Hubbard,  Purple,  Nettleton,  Hale,  Post. 

Tolland  County.  —  Messrs.  Neweomb,  Sumner,  Collins, 
Charter,  Porter,  Storrs,  Kinney. 

Those  absent  and  not  voting  were : 

Hartford  County.  —  Messrs.  Redfield,  Vance. 
New  Haven  County.  —  Messrs.  Stevens,  Griswold,  S.  J. 
Bryant,  Bishop. 

New  London  County.  —  Mr.  Hinckley. 
Fairfield  County.  —  Mr.  E.  J.  Walsh. 


432  JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION. 

Windham  County.  —  Mr.  Hunt. 

Litchfield  County.  —  Messrs.  O'Connor,  Kirby,  Fyler. 

Whole  number  voting,  .  .  .  .155 

I^ecessary  for  passage,  .  .  .         .85 

Those  voting  Yea,  .  .  .       73 

Those  voting  JSTay,  .  .  .82 

Convention  Resolution  Xo.  252.  A  resolution  providing 
that  each  town  less  than  two  thousand  should  be  entitled  to 
one  representative,  and  each  town  having  a  population  of 
two  thousand  and  less  than  fifty  thousand  shall  have  two  rep- 
resentatives and  one  additional  representative  for  each  fifty 
thousand  of  population  in  excess  of  said  fifty  thousand,  and 
a  Senate  consisting  of  forty-five  members,  and  that  no  county 
should  have  less  than  two  Senators,  was  taken  from  the  table, 
on  motion  of  Mr.  Bissell  of  Suffield. 

The  resolution  was  discussed  by  Messrs.  Bissell  of  Suffield, 
Collins  of  Columbia,  and  Davenport  of  Bridgeport. 

Mr.  Bissell  of  Suffield  moved  that  the  vote  on  the  resolu- 
tion be  taken  by  Yeas  and  Nays. 

The  motion  prevailed. 

The  resolution  was  adopted. 

The  vote  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs,  C.  H.  Clark,  Jarvis,  W.  M. 
Brown,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Middleton,  Grant, 
Maltbie,  Cheney,  Churchill,  Condell,  Havens,  Holcomb, 
Sperry,  Bissell,  W.  H.  Hall,  Willard,  Healy. 

New  Haven  County.  —  Messrs.  A.  D.  Warner,  S.  R. 
WoodAvard,  A.  E.  Smith,  Webb,  Wallace,  Merwin,  Whitte- 
more.  Ford,  Marks,  Davis,  Wooster,  Upson. 

New  London  County.  —  Messrs.  Waller,  Buell,  A.  M. 
Brown,  Bailey,  Allyn,  Raymond,  Killeen,  J.  F.  Brown, 
Huntington,  Morgan,  Riley,  C.  A.  Gallup. 


JOURXAL   OF    THE    CONSTITUTIOXAL    COXVEXTTOX.  433 

Fairfield  County.  —  Messrs.  Dempsey,  Bell,  Jennings, 
Perry,  Mead,  C.  H.  T^orthrop,  A.  B.  Woodward,  Seymour, 
Barnes,  Merritt,  Stagg,  Wakeman,  Chichester. 

"Windham  County.  —  Messrs.  Boss,  Bugbee,  Groesbeck, 
Burnham,  Somes,  Milner,  Waldo,  Chandler. 

Litchfield  County.  —  Messrs.  W.  B.  Smith,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  Beardsley,  Whittlesey, 
J.  F.  Smith,  Camp,  Strong, 

Middlesex  County.  —  Messrs.  G.  M.  Clark,  Markham, 
Blake,  Terrill. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Collins, 
Hawkins,  Keeney,  Pinney,  Phelps,  AV.  H.  Hall. 

Those  voting  Xay  were  : 

Hartford  County.  —  Messrs.  Holmes,  Pierce,  Dickinson, 
Loomis,  Miller,  Cooley,  Bartlett. 

i^ew  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  Fisk,  McMahon,  Meigs,  Lmes,  Hotchkiss,  Pussell, 
Kendrick. 

JSTew  London  County.  —  Messrs.  F.  T.  Brown,  Miner, 
Chipman,  King,  I.  Gillette,  Bromley,  Frink,  E.  B.  Gallup. 

Fairfield  County.  —  Messrs.  Davenport,  Woodman,  E.  H. 
Xorthrop,  Whitlock,  Shelton,  Wanzer,  Sanford,  O.  Hall, 
Gorham. 

AVindham  County.  —  Messrs.  Fitts,  Evans,  L.  IST.  Clark, 
Latham,  Elliott,  Bowen. 

Litchfield  County.  —  Messrs.  Kellogg,  Wright,  Ely,  C.  H, 
Smith,  Crofut,  D.  T.  Warner,  Etheridge,  Brinsmade,  Wool- 
son,  Curtiss. 

Middlesex  County.  —  Messrs.  D.  W.  ISTorthrop,  Brothwell, 
Pelton,  Coe,  Hubbard,  Purple,  Xettleton,  W.  H.  Smith, 
Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  ISTewcomb,  Charter,  Porter, 
Stori-s,  Kinney. 

c.  c— 28 


434     JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 

Those  absent  and  not  voting  were : 

Hartford  Conntj.  —  Messrs.  Kedfield,  Yance,  D.  E. 
Phelps. 

Xew  Haven  County.  —  Messrs.  Stevens,  Griswold,  S.  J. 
Brjant,  Bishop. 

Kew  London  County.  —  Mr.  Hinckley. 

Fairfield  County.  —  Mr.  K.  J.  Walsh. 

Windham  County.  —  Mr.   Hunt. 

Litchfield  County.  —  Messrs.  O'Connor,  Kirby,  Fyler. 


Whole  number  voting, 

Necessary   for  passage. 

Those  voting  Yea, 

Those  voting  jSTay, 


.  154 

.     85 
88 
66 


Following  is  the  resolution  adopted 

Resolved  by  this  Convention : 

That  the  House  of  Eepresentatives  shall  consist  of  electors 
residing  in  towns  from  which  they  are  elected,  and  for  the 
purpose  of  apportioning  representatives  to  the  towns  they 
shall  be  graded  or  classified  as  follows,  that  is  to  say : 

Each  town  having  a  population  of  less  than  two  thousand 
shall  be  entitled  to  one  representative. 

Each  town  having  a  population  of  two  thousand  and  less 
than  fifty  thousand  shall  be  entitled  to  two  representatives. 

Each  town  having  a  population  of  fifty  thousand  and  less 
than  one  hundred  thousand  shall  be  entitled  to  three  repre- 
sentatives. 

Each  to^vn  having  a  population  of  one  hundred  thousand 
and  less  than  one  hundred  and  fifty  thousand  shall  be  entitled 
to  four  representatives  and  one  additional  for  each  fifty  thou- 
sand of  population. 

The  population  of  each  town  shall  be  determined  by  the 
census  taken  by  authority  of  the  United  States  next  before 
the  election  of  representatives  is  held. 


JOURNAL   OF    THE    CONSTITUTIOISrAL    CONVENTION.  435 

Each  town  entitled  to  more  than  two  representatives  shall 
be  divided  into  districts,  and  each  district  shall  elect  only  one 
representative.  The  districts  shall  be  composed  of  contig- 
uous territory,  and  the  General  Assembly  shall  have  regard 
to  the  population  of  the  several  districts  into  which  the  town 
is  divided,  so  that  the  same  may  be  as  nearly  equal  as  possible. 

Districts  when  once  established  shall  not  be  changed  until 
the  session  of  the  General  Assembly  next  after  the  completion 
of  the  next  census  taken  by  the  authority  of  the  United  States, 
which  General  Assembly  shall  have  power  to  alter  the  same 
if  found  necessary  to  preserve  a  proper  equality  of  population 
in  each  district. 

The  Senate  shall  consist  of  forty-five  members,  and  no 
county  shall  have  less  than  two  senators. 

Mr.  Loomis  of  Glastonbury,  at  1.05  o'clock  P.  M.,  moved 
that  the  Convention  take  a  recess  until  2  o'clock  P.  M. 
The  motion  prevailed. 


Thursday  afternoon,  May  15,  1902. 

The  Convention  was  called  to  order  at  2  o'clock  P.  M.,  the 
President  in  the  Chair. 

Mr .  Woodward  of  l^orwalk  moved  to  amend  Article 
Twelve  by  striking  out  in  line  6  the  words  "  registered  elect- 
ors of  the  State  "  and  inserting  in  lieu  thereof  the  words 
"  electors  voting  thereon  and  not  less  than  two-fifths  of  the 
registered  electors  of  the  State." 

The  motion  to  amend  was  discussed  by  Messrs.  Woodward 
of  Xorwalk,  Clark  of  Hartford,  Smith  of  Winchester,  ISTor- 
throp  of  Middletown,  Warner  of  Salisbury,  and  Davenport 
of  Bridgeport. 

The  motion  to  amend  did  not  prevail. 

Mr.  Perry  of  Fairfield,  at  2.30  o'clock  P.  M.,  moved  that 
the  Convention  take  a  recess  until  3  o'clock  P.  M. 
The  motion  prevailed. 


436  JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION. 

Thursday  afternoon,  May  15,  1902. 

The  Convention  was  called  to  order  at  3  o'clock  P.  M.,  the 
President  in  the  Chair, 

PEESENTATIOX  TO  THE  PKESIDENT. 

Mr.  Osborn  of  J^ew  Haven,  in  behalf  of  the  Convention, 
presented  to  the  President  the  block  and  gavel  used  by  him 
during  the  session  of  the  Convention. 

The  President,  in  accepting  the  gifts,  expressed  his  grati- 
tude to  the  Convention  for  their  expression  of  good  will. 

CONVENTION  RESOLUTIONS. 

Convention  Resolution  Xo.  253.  Mr.  Clark  of  Had  dam 
introduced  a  resolution  of  thanks  to  Messrs.  Bulkeley  and 
Sperry  for  their  compilation  of  the  Constitution. 

The  resolution  was  adopted. 

The  following  is  the  resolution : 

"  Whereas,  Ex-Governor  Morgan  G.  Bulkeley  and  the 
Honorable  Delegate  Lewis  Sperry  have  correctly  revised  and 
caused  the  original  Constitution  of  1818,  together  with  all 
amendments  thereto,  to  be  carefully  printed  and  placed  upon 
our  file  for  our  consideration,  free  of  charge,  and 

"  Whereas,  the  same  has  been  found  of  great  service  in 
our  deliberations,  as  shown  by  our  almost  universal  adoption 
of  it,  now  therefore  be  it 

"  Resolved  by  this  honorable  body  that  we  extend  to  them 
our  thanks  for  their  generous  work  in  our  behalf." 

Convention  Resolution  Xo.  254.  Mr.  Bailey  of  Groton 
introduced  a  resolution  reimbursing  delegates  for  payments 
made  for  transportation. 

The  resolution  was  discussed  b}'  Messrs.  Bailey  of  Groton, 
Clark  of  Hartford,  Hall  of  Willington,  and  Northrop  of 
Middletown. 


JOUENAL   OF    THE    CONSTITUTIONAL    CONVENTION. 


437 


Mr.  Bailey  of  Groton  moved  that  the  roll  of  the  Conven- 
tion be  called  by  the  Clerk  for  the  purpose  of  ascertaining 
the  amounts  paid. 

The  motion  did  not  prevail. 

Mr.  Waller  of  Kew  London  introduced  a  su*bstitute  resolu- 
tion for  the  resolution  proposed  by  Mr.  Bailey  of  Groton. 

Mr.  Bailey  of  Groton  accepted  the  substitute. 

The  substitute  resolution  was  discussed  by  Messrs.  Waller 
of  ISTew  London  and  Bryant  of  East  Hartford. 

The  substitute  resolution  was  then  adopted. 

The  following  is  the  resolution : 
Resolved  by  this  Convention : 

That  the  Comptroller  be  and  he  is  hereby  requested,  author- 
ized, and  directed  to  reimburse  any  and  all  members  of  this 
Convention,  upon  demand,  for  any  transportation-  expenses 
incurred  by  such  member. 

Mr.  Xorthrop  of  JS^ewto^vn  (by  request)  introduced  a  reso- 
lution requesting  the  Comptroller  to  pay  the  messengers, 
doorkeepers,  and  attendants  compensation  equal  to  that  of 
similar  employees  for  a  session  of  the  General  Assembly. 

Mr.  Xorthrop  of  ISTewtown  withdrew  the  resolution. 

Convention  Eesolution  jSTo.  255.  Mr.  Waller  of  Kew 
London  introduced  a  resolution  concerning  the  representa- 
tives of  the  press. 

The  resolution  was  discussed  by  Mr.  Waller  of  ISTew 
London. 

The  resolution  was  adopted. 

The  following  is  the  resolution : 

Kesolved  by  this  Convention : 

That  the  Convention  recognizes  and  appreciates  the  fair- 
ness and  ability  which  the  representatives  of  the  press  have 
shown  in  reporting  the  proceedings  of  the  Convention. 


438 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 


Convention  Resolution  No,  256.  Mr.  Warner  of  Salis- 
bury introduced  a  resolution  providing  that  the  Constitution 
as  adopted  shall  be  submitted  to  the  people  at  the  earliest 
possible  moment. 

The  resolution  was  adopted. 

Following  is  the  resolution : 
Resolved  by  this  Convention : 

That  it  is  the  opinion  of  this  Convention  that  the  Constitu- 
tion as  adopted  shall  be  submitted  to  the  people  at  the  earliest 
time  consistent  with  the  provisions  of  the  act  calling  this 
Convention. 

Convention  Resolution  No.  257.  Mr.  Warner  of  Salisbury 
introduced  a  resolution  recommending  a  special  session  of 
the  General  Assembly. 

The  resolution  was  discussed  by  Messrs.  Warner  of  Salis- 
bury, Clark  of  Hartford,  and  Holcomb  of  Southington. 

The  resolution  was  adopted. 

Following  is  the  resolution : 
Resolved  by  this  Convention : 

That  we  recommend  to  the  Governor,  in  the  event  of  the 
adoption  of  the  new  Constitution,  that  he  convene  the  Gen- 
eral Assembly  prior  to  July  1,  1902,  for  the  purpose  among 
others  of  postponing  the  date  when  the  new  revision  of  the 
statutes  shall  go  into  effect,  in  order  that  the  new  Constitu- 
tion may  be  published  therewith,  and  any  necessary  changes 
in  the  statutes  made. 

Convention  Resolution  No.  258.  Mr.  Perry  of  Fairfield 
introduced  a  resolution  concerning  the  distribution  of  Jour- 
nals of  the  Convention. 

The  resolution  was  adopted.- 

The  following  is  the  resolution : 
Resolved  by  this  Convention : 

That  the  Clerk  of  the  Convention  be  and  hereby  is  in- 


JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION. 


439 


striicted  to  prepare  a  full  alphabetical  subject  index  of  the 
Journal  of  the  Convention,  and  to  cause  to  be  printed  one 
thousand  copies  of  said  Journal  with  the  index.  Said  Jour- 
nals shall  be  distributed  in  accordance  vi^ith  the  provisions  of 
the  statute  concerning  the  distribution  of  journals  of  the  Gen- 
eral Assembly,  being  Chapter  118,  Public  Acts  of  1889, 
except  that  one  copy  shall  be  sent  to  each  delegate,  and  no 
copies  shall  be  sent  to  members  of  the  General  Assembly. 

Convention  Resolution  ISTo.  259.  Mr.  Perry  of  Fairfield 
introduced  a  resolution  concerning  the  filing  of  Convention 
documents. 

The  resolution  was  adopted. 

The  follo^\dng  is  the  resolution: 
Resolved  by  this  Convention : 

That  the  Clerk  be  and  hereby  is  instructed  to  deposit  in 
the  office  of  the  Secretary  of  State  all  resolutions  and  amend- 
ments thereto  which  may  be  in  his  custody  on  the  final  ad- 
journment of  the  Convention. 

Convention  Resolution  JSTo.  260.  Mr.  Perry  of  Fairfield 
introduced  a  resolution  providing  for  the  engrossment  of  the 
Constitution,  and  that  it  be  submitted  to  the  electors  for  their 
adoption  or  rejection  on  June  16,  1902,  and  providing  further 
for  the  manner  of  voting  thereon. 

The  resolution  was  discussed  by  Messrs.  Perry  of  Fairfield, 
Bryant  of  East  Hartford,  Northrop  of  Middletown,  Etheridge 
of  Thomaston,  Collins  of  Columbia,  and  Waller  of  New 
London. 

The  resolution  was  adopted. 

Following  is  the  resolution : 
Resolved  by  this  Convention : 

That  the  form  of  constitution  framed  by  this  Convention 
shall  be  engrossed,  attested  by  the  clerks,  signed  by  the 
president,  and  deposited  in  the  office  of  the  Secretary. 


440  JOURNAL   OF    THE    CONSTITUTIOISrAL    CONVENTION. 

The  said  Constitution  shall  be  submitted  to  the  electors  of 
this  State  for  their  adoption  or  rejection  at  electors'  meetings 
which  shall  be  held  in  the  several  towns  on  the  sixteenth  day 
of  June,  1902. 

The  Secretary  is  hereby  directed  to  transmit  to  the  town 
clerks  of  the  several  towns  not  more  than  100,000  copies 
of  said  Constitution  apportioned  among  said  towns  according 
to  the  number  of  their  registered  electors  at  least  ten  days  be- 
fore said  meeting. 

The  said  Constitution  shall  be  submitted  by  said  town  clerks 
to  the  qualified  electors  on  the  day  named  for  said  electors' 
meetings  which  shall  be  duly  warned  as  now  required  by  law. 

The  ballots  to  be  used  at  said  meetings  shall  contain  only 
the  words,  "  Constitution,  Yes,"  or  "  Constitution,  No,"  shall 
be  furnished  by  the  Secretary  printed,  ready  for  use,  and 
shall  be  of  uniform  size,  quality,  thickness,  and  style  of  print- 
ing, to  be  determined  by  the  Secretary. 

The  polls  shall  be  open  in  each  town  during  the  same  hours 
as  now  provided  for  general  elections,  and  said  ballots  shall 
be  distributed,  voted,  counted,  canvassed,  and  the  result  of 
such  vote  in  each  town  and  voting  district  declared  and  re- 
turned to  the  secretary  in  the  same  manner,  by  the  same 
officers,  and  within  the  same  time  after  said  meeting  as  is  by 
law  provided  in  the  case  of  votes  for  representatives  in  Con- 
gress, except  that  the  voting  shall  not  be  by  secret  ballot,  nor 
shall  the  ballots  be  enclosed  in  envelopes,  and  the  said  votes 
shall  be  canvassed  by  the  Secretary,  Treasurer,  and  Comp- 
troller at  the  Capitol  in  Hartford  as  soon  as  possible  thereafter, 
and  the  result  shall  within  five  days  after  such  canvass  be 
certified  by  them  or  a  majority  of  them  to  the  Governor, 
who  shall  forthwith  issue  his  proclamation  declaring  that 
said  Constitution  has  or  has  not  been  adopted  by  said  electors 
as  it  shall  appear  from  said  certificate  of  the  Secretary, 
Treasurer,  and  Comptroller,  or  a  majority  of  them. 


JOURNAL   OF   THE    CONSTITUTIONAL    CONVENTION.  441 

REPORT  OF  A  COMMITTEE. 

Mr,  Perry  of  Fairfield,  chairman  of  the  committee  on  Style, 
presented  the  following  report : 

Constitutional  Convention, 

January  Session,  1902. 
To  the  Convention : 

The  committee  on  final  form  recommends  the  phraseology 
and  arrangement  of  the  draft  for  a  Constitution  submitted 
herewith. 

JOHISr  H.  PERRY. 

Mr.  Davenport  of  Bridgeport  moved  that  when  the  vote  be 
taken  on  the  adoption  of  the  Constitution  it  be  by  Yeas  and 
]^ays. 

The  motion  prevailed. 

Mr.  Perry  of  Fairfield  moved  to  amend  by  Schedule  "  B  " 
in  line  2  of  Sections  13  and  14  of  Article  4  by  inserting  after 
the  word  "  refusal  "  in  said  lines  the  words  "  or  inability." 

The  motion  to  amend  prevailed. 

Mr.  Perry  of  Fairfield  moved  to  amend  by  Schedule  "  B  " 
Article  10  of  the  Constitution  by  adding  a  new  section. 

The  motion  to  amend  prevailed. 

Following  is  the  amendment : 

Section  11.  This  Constitution  shall  take  effect  upon  its 
adoption  by  the  electors,  and  shall  then  supersede  the  pre- 
ceding Constitution,  except  that  the  present  General  Assem- 
bly shall  continue  for  its  original  term. 

Mr.  Perry  of  Fairfield  moved  to  amend  by  Schedule  "  H  " 
at  the  end  of  line  12,  Section  4,  of  Article  Third  by  making  an 
exception  of  the  town  of  Greenwich  in  forming  Senatorial  Dis- 
tricts. 

The  motion  to  amend  prevailed. 

Follo\\ang  is  the  amendment : 

But  in  forming  such  district  the  town  of  Greenwich  mav  be 


442  JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 

joined  with  territory  separated  from  it  by  tlie  town  of  Stam- 
ford. 

The  vote  on  the  Constitution  as  amended  was  as  follows : 

Those  voting  Yea  were : 

Hartford  County.  —  Messrs.  C.  H.  Clark,  Holmes,  Jarvis, 
W.  M.  Brown,  E.  S.  Gillette,  Sears,  P.  S.  Bryant,  Middleton, 
Grant,  Maltbie,  Cheney,  Churchill,  Condell,  Havens,  Hol- 
comb,  Bissell,  W.  H.  Hall,  Willard,  D.  E.  Phelps,  Healy. 

New  Haven  County.  —  Messrs.  S.  K.  Woodward,  A.  E. 
Smith,  Meigs,  Wallace,  Merwin,  Whittemore,  Ford,  Marks, 
Davis,  Wooster,  Upson. 

Xew  London  County.  —  Messrs.  Waller,  Buell,  King,  A. 
M.  Brown,  Bailey,  I.  Gillette,  Allyn,  Raymond,  Killeen, 
Huntington,  Morgan,  Kiley,  C.  A.  Gallup. 

Eairfield  County.  —  Messrs.  Dempsey,  E.  H.  Northrop, 
Bell,  Jennings,  Perry,  Shelton,  Mead,  Wanzer,  C.  H.  North- 
rop, A.  B.  Woodward,  Seymour,  Barnes,  Merritt,  Stagg,  O. 
Hall,  Wakeman,  Chichester. 

Windham  County.  —  Messrs.  Boss,  Bugbee,  Evans,  Groes- 
beck,  Burnham,  Somes,  Milner,  Waldo,  Chandler. 

Litchfield  County.  —  Messi-s.  Andrews,  Beach,  Case, 
Hayes,  Mallett,  Belden,  J.  H.  Smith,  J.  E.  Smith,  Strong, 
Brinsmade. 

Middlesex  County.  —  Messrs.  G.  M.  Clark,  Markham, 
Brothwell,  Pelton,  Blake,  Ten-ill,  W.  H.  Smith. 

Tolland  County.  —  Messrs.  Skinner,  Sumner,  Collins,  Pin- 
ney,  Kinney,  Phelps,  W.  H.  Hall. 

Those  voting  Nay  were : 

Hartford  County.  —  Messrs.  Pierce,  Dickinson,  Loomis, 
Miller,  Cooley,  Bartlett. 

New  Haven  County.  —  Messrs.  Osborn,  Guilfoile,  D.  T. 
Walsh,  Eisk,  McMahon,  Webb,  Lines,  Hotchkiss,  Kendrick. 


JOURNAL   or   THE   CONSTITUTIONAL   CONVENTION.  443 

ISTew  London  Connty.  —  Messrs.  F.  T.  Brown,  Miner,  Chip- 
man,  Bromlev,  Frink,  E.  B.  Gallup. 

Fairfield  Countr.  —  Messrs.  Davenport,  Woodman,  San- 
ford,  Gorham. 

Windham  Connty.  —  Messrs.  Fitts,  L.  IST.  Clark,  Latham, 
Elliott,  Bowen. 

Litchfield  Connty.  —  Messi-s.  W.  B.  Smith,  Ely,  O'Con^ 
nor,  C.  H.  Smith,  Crofnt,  D.  T.  Warner,  Etheridge,  Woolson. 

Middlesex  County.  —  Messrs.  D.  W.  Xorthrop,  Coe,  Hub- 
bard, Purple,  Xettleton,  Hale,  L'Hommedieu,  Post. 

Tolland  County.  —  Messrs.  ISTewcomb,  Charter,  Porter, 
Storrs. 

Those  absent  and  not  voting  were : 

Hartford   County.  —  Messrs.   Eedfield,   Vance,   Sperry. 

Xew  Haven  County.  —  Messrs.  A.  D.  Warner,  Stevens, 
Griswold,  S.  J.  Bryant,  Russell,  Bishop. 

New  London  County.  —  Messrs.  J.  F.  Brown,  Hinckley. 

Fairfield  County.  —  Messrs.  R.  J.  Walsh,  Whitlock. 

Windham  County.  —  Mr.  Hunt. 

Litchfield  County.  —  Messrs.  Kellogg,  Wright,  Beardsley, 
Whittlesey,  Camp,  Kirby,  Fyler,  Curtiss. 

Tolland  County.  —  Messrs.  Hawkins,  Keeney. 


Whole  number  voting, 

ISTecessary  for  passage. 

Those  voting  Yea, 

Those  voting  l^ay, 


.  144 
.     85 

94 

50 


The  following  is  the  proposed  Constitution  as  adopted : 


444     JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


THE  CONSTITUTION  OF  OONNEOTIOUT. 


PREAMBLE. 


The  people  of  Connecticut,  acknowledging  with 
gratitude  the  providence  of  God  which  has  permitted 
them  to  enjoy  a  free  government,  and  desiring  to  per- 
petuate the  liberties,  rights,  and  privileges  which  they 
have  derived  from  their  ancestors,  do,  after  careful 
consideration,  ordain  and  establish  the  following 
constitution  and  form  of  civil  government. 

Aeticle  First. 
DECLARATION  OF  RIGHTS. 

Section  1.  All  men,  when  they  form  a  social  com- 
pact, are  equal  in  rights ;  no  man  or  set  of  men  is 
entitled  to  exclusive  public  emoluments  or  privileges ; 
and  no  citizen  shall  be  deprived  of  any  right  or  privi- 
lege or  exempted  from  any  obligation  on  account  of 
race  or  color. 

Section  2.  All  political  power  is  inherent  in  the 
people ;  all  free  governments  are  founded  on  their 
authority,  and  instituted  for  their  benefit ;  and  they 
have  at  all  times  an  indefeasible  right  to  alter  their 
form  of  government  in  such  manner  as  they  may  think 
expedient. 

Section  3.  The  exercise  and  enjoyment  of  religious 
profession  and  worship  shall  be  forever  free,  and  with- 
out discrimination ;  but  the  right  hereby  declared  and 
established  shall  not  excuse  acts  of  licentiousness,  or 


JOURNAL   OF   THE    CONSTITUTIONAL    CONVENTION. 


445 


justify  practices  inconsistent  with  the  peace  and  safety 
of  the  state. 

Section  4.  No  preference  shall  be  given  by  lav^to 
any  religious  sect  or  mode  of  worship. 

Section  5.  No  law  shall  be  passed  to  curtail  or  re- 
strain the  liberty  of  speech  or  of  the  press,  but  every 
person  may  freely  speak,  write,  and  publish  his  senti- 
ments on  any  subject,  being  responsible  for  the  abuse 
of  that  liberty. 

Section  6.  In  all  criminal  prosecutions  for  libel 
the  truth  may  be  given  in  evidence,  and  the  jury  shall 
have  the  right  to  determine  the  law  and  the  facts, 
under  the  direction  of  the  court. 

Section  7.  No  person  shall  be  arrested,  detained, 
or  punished  except  in  cases  clearly  warranted  by  law. 

Section  8.  All  prisoners  shall,  before  conviction, 
be  bailable  by  sufficient  sureties,  except  in  case  of  capi- 
tal offenses  where  the  proof  is  evident  or  the  presump- 
tion great ;  and  the  privilege  of  the  writ  of  habeas 
corpus  shall  not  be  suspended,  except  by  the  general 
assembly,  and  only  when,  in  case  of  rebellion  or  inva- 
sion, the  public  safety  may  require  it. 

Section  9.  Excessive  bail  shall  not  be  required 
nor  excessive  fines  imposed. 

Section  10.  All  courts  shall  be  open,  and  every 
person  for  any  injury  done  to  him  in  his  person,  prop- 
erty, or  reputation,  shall  have  remedy  by  due  course  of 
law,  and  right  and  justice  administered  without  delay. 

Section  11.  The  right  of  trial  by  jury  shall  remain 
inviolate. 

Section  1 2.  In  all  criminal  prosecutions  the  accused 
shall  have  the  right  to  be  heard  by  himself  and  by 
counsel :  to  demand  the  nature  and  cause  of  the  accu- 


446  JOURNAL   OF   THE    CONSTITUTIONAL    CONVENTION. 

satioii ;  to  be  confronted  by  the  witnesses  against  him  ; 
to  have  compulsory  process  to  obtain  witnesses  in  his 
favor ;  and,  in  all  prosecutions  by  indictment  or  in- 
formation, a  speedy  public  trial  by  an  impartial  jury. 
He  shall  not  be  compelled  to  2:1  ve  evidence  against 
himself,  nor  be  deprived  of  life,  liberty,  or  pro^Derty, 
without  due  process  of  law.  No  person  shall  be 
holden  to  answer  for  any  crime,  the  punishment  of 
which  may  be  death  or  imprisonment  for  life,  with- 
out presentment  or  indictment  of  a  grand  jury,  ex- 
cept in  the  land  or  naval  forces,  or  in  the  militia  when 
in  actual  service  in  time  of  war  or  public  danger. 
No  person  shall,  for  the  same  offense,  be  twice  put 
in  jeopardy  of  life  or  limb. 

Sectiots^  13.  The  people  shall  be  secure  in  their 
persons,  houses,  paj^ers,  and  possessions  from  unreason- 
able searches  or  seizures.  No  warrant  to  search  any 
place,  or  to  seize  any  person  or  thing,  shall  issue 
without  describing  them  as  nearly  as  may  be,  nor 
y  without  probable  cause  supported  by  oath  or  affirma- 
tion. 

Section  14.  No  person  shall  be  attainted  of 
treason  or  felony  by  the  general  assembly. 

Section  15.  The  property  of  no  person  shall  be 
taken  for  public  use  without  just  compensation 
therefor. 

Section  IC).  The  citizens  have  a  right  peaceably 
to  assemble  for  their  common  good,  and  to  apply  to 
those  invested  with  the  powers  of  government  for 
redress  of  grievances,  or  for  other  proper  purposes,  by 
petition,  address,  or  remonstrance. 

Section  17.  Every  citizen  has  a  right  to  bear  arms 
in  defense  of  himself  and  the  state. 


JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION.  447 

Section  18.  The  military  sball  at  all  times  be  in 
strict  subordination  to  the  civil  power. 

Section  19.  No  soldier  shall,  in  time  of  peace,  be 
quartered  in  any  house  without  the  consent  of  the 
owner ;  or  in  time  of  war,  except  in  the  manner  pre- 
scribed by  law. 

Section  20.  No  hereditary  emoluments,  privi- 
leges, or  honors  shall  be  granted  or  conferred. 

Article  Second. 

OF  THE  DISTRIBUTION  OF  POWERS. 

The  powers  of  government  shall  be  divided  into 
three  distinct  departments,  to  wit,  legislative,  execu- 
tive, and  judicial,  and  each  of  said  departments  shall 
be  confided  to  a  separate  magistracy. 

Article  Third. 
OF  THE  LEGISLATIVE  DEPARTMENT. 

Section  1.  The  legislative  power  shall  be  vested 
in  two  distinct  houses  or  branches ;  the  one  to  be 
styled  the  senate,  the  other  the  house  of  representa- 
tives, and  both  together  the  general  assembly.  The 
style'  of  their  laws  shall  be :  Be  it  enacted  by  the 
senate  and  house  of  representatives  in  general 
assembly  convened. 

Section  2.  There  shall  be  a  stated  session  of  the 
general  assembly,  to  be  holden  at  Hartford  bien- 
nially, on  the  Wednesday  following  the  first 
Monday  of  the  January  next  succeeding  the  elec- 
tion of  its  members.  The  person  administering  the 
office  of  governor  may,  on  special  emergencies,  con- 
vene the  general  assembly  at  said  place  at  any  other 


448  JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION. 

time,  and  in  case  of  danger  from  the  prevalence  of 
contagious  disease  in  said  place,  or  from  other  causes, 
he  may  convene  said  assembly  at  any  other  place  in 
this  state. 

Sectiok  3.  On  and  after  the  Wednesday  after  the 
first  Monday  of  January,  -1903,  the  house  of  repre- 
sentatives shall  consist  of  electors  residing  in  towns 
from  which  they  are  elected,  and  for  the  purpose  of 
apportioning  representatives  among  the  towns  they 
shall  be  classified  as  follows : 

Each  town  having  a  population  of  less  than  two 
thousand  shall  be  entitled  to  one  representative. 

Each  town  having  a  population  of  two  thousand 
and  less  than  fifty  thousand  shall  be  entitled  to  two 
representatives. 

Each  town  having  a  population  of  fifty  thousand 
and  less  than  one  hundred  thousand  shall  be  entitled 
to  three  representatives. 

Each  town  having  a  population  of  one  hundred 
thousand  or  more  shall  be  entitled  to  four  repre- 
sentatives, and  to  one  additional  representative  for 
each  fifty  thousand  of  population  in  excess  of  one 
hundred  thousand. 

The  population  of  each  town  shall  be  determined 
by  the  census  taken  by  authority  of  the  United 
States  next  before  the  election  of  representatives  is 
held. 

Each  town  entitled  to  more  than  two  representa- 
tives shall  be  divided  into  districts,  and  each  district 
shall  elect  only  one  representative.  The  districts 
shall  be  composed  of  contiguous  territory,  and  the 
general  assembly  shall  have  regard  to  the  popula- 
tion of  the  several  districts  into  which  the  town  is 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 


449 


divided,  so  tliat  the  same  may  be  as  nearly  equal  as 
possible. 

Districts  when  once  established  shall  not  be 
changed  until  the  session  of  the  general  assembly 
next  after  the  completion  of  a  census  of  the  United 
States,  which  general  assembly  may  alter  them  if 
found  necessary  to  .  pi'eserve  a  proper  equality  of 
population  in  said  districts. 

Section  4.  On  and  after  the  Wednesday  after  the 
first  Monday  of  January,  1903,  the  senate  shall  con- 
sist of  forty-five  members,  chosen  by  districts. 

One  senator  shall  be  elected  from  each  district, 
and  at  the  time  of  such  election  he  shall  be  an 
elector  in  such  district. 

The  general  assembly,  at  the  session  held  next 
after  the  adoption  of  this  constitution,  shall  divide 
the  state  into  forty-five  districts  for  the  choice  of  sena- 
tors, which  districts  shall  always  be  composed  of  con- 
tiguous territory ;  and  in  forming  them  regard  shall 
be  had  to  population,  so  that  the  districts  shall  be  in 
that  respect  as  nearly  equal  as  possible  under  the 
limitations  of  this  section,  but  in  forming  such  dis- 
tricts the  town  of  Greenwich  may  be  joined  with 
territory  separated  from  it  by  the  town  of  Stamford. 

No  town  shall  be  divided  except  for  the  purpose  of 
forming  more  than  one  district  wholly  within  such 
town,  and  no  county  shall  contain  less  than  two 
districts. 

The  districts  when  established  as  herein  provided 
shall  not  be  changed  until  the  session  of  the 
general  assembly  next  after  the  completion  of  a 
census  of  the  United  States,  which  general  assembly 
may   alter  them   if    found    necessary  to  preserve  a 

c.  c— 29 


450  JOURNAL   OF   THE    CONSTITUTIONAL    CONVENTION. 

proper  equality  of  population  in  said  districts ;  after 
which  said  districts  shall  not  be  altered,  except  at 
the  session  of  the  general  assembly  next  after  the 
completion  of  a  census  of  the  United  States  ;  but  no 
changes  shall  be  at  any  time  made  except  in  accord- 
ance with  the  principles  hereinbefore  established. 

Section  5.  The  secretary,  treasurer,  and  comptrol- 
ler shall  canvass  the  votes  for  senators  publicly.  The 
person  in  each  district  having  the  greatest  number 
of  votes  for  senator  shall  be  declared  to  be  elected 
from  such  district.  The  return  of  votes  and  the 
result  of  the  canvass  shall  be  submitted  to  the  house 
of  representatives,  and  also  to  the  senate,  on  the  first 
day  of  the  session  of  the  general  assembly.  If  no 
choice  is  made  by  the  electors  in  any  district  in 
consequence  of  an  equality  of  votes  the  house  of 
representatives  shall  designate,  by  ballot,  which  of 
the  candidates  having  such  equal  number  of  votes 
shall  be  declared  to  be  elected ;  but  each  house  shall 
be  the  final  judge  of  the  elections  and  qualifications  of 
its  own  members. 

Section  6.  A  general  election  for  governor,  lieu- 
tenant-governor, secretary,  treasurer,  comptroller,  and 
members  of  the  general  assembly  shall  be  held  on  the 
Tuesday  after  the  first  Monday  of  November,  1902, 
and  biennially  thereafter,  and  for  attorney -general 
quadrennially.  The  general  assembly  shall  enact 
laws  regulating  and  prescribing  the  manner  of  voting 
at  all  elections,  and  also  providing  for  the  election  of 
representatives  at  some  time  subsequent  to  the  gen- 
eral election  in  those  towns  where  the  electors  at  the 
general  election  have  failed  to  elect  the  representa- 
tives to  which  such  towns  shall  be  by  law  entitled, 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION.     451 

and  for  the  election  of  senators  or  representatives  if  a 
vacancy  occurs  in  either  office. 

Section  7.  The  members  of  the  general  assembly 
shall  hold  office  for  two  years  from  the  AVednesday 
following  the  first  Monday  of  the  January  next  suc- 
ceeding their  election,  and  until  their  successors  are 
duly  qualified. 

Section  8.  The  house  of  representatives,  when  as- 
sembled, shall  choose  a  speaker,  clerk,  and  other 
officers.  The  senate  shall  choose  a  president  ^;/'(9  tern- 
2)ore,  a  clerk,  and  other  officers,  except  the  president. 
A  majority  of  each  house  shall  constitute  a  quorum  to 
do  business  ;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  compel  the  attendance  of  absent 
members  in  such  manner  and  under  such  penalties 
as  each  house  may  prescribe. 

Section  9.  Each  house  may  determine  the  rules  of 
its  own  proceedings,  punish  members  for  disorderly 
conduct,  and,  with  the  consent  of  two-thirds,  expel  a 
member,  but  not  a  second  time  for  the  same  cause, 
and  shall  have  all  other  powers  necessary  foi*  a  branch 
of  the  legislature  of  a  free  and  independent  state. 

Section  1 0.  Each  house  shall  keep  a  Journal  of  its 
proceedings,  and  publish  the  same  when  required  by 
one-fifth  of  its  members,  except  such  parts  as,  in  the 
Judgment  of  a  majority,  require  secrecy.  The  yeas 
and  nays  of  the  members  of  either  house  shall,  at  the 
desire  of  one-fifth  of  those  present,  be  entered  in  the 
Journal. 

Section  11.  The  senators  and  representatives  shall 
be  privileged  from  arrest  on  civil  process  during  and 
for  four  days  before  and  after  any  session  of  the 
general  assembly ;   and  for  any  speech  or  debate  in 


452  JOURNAL   OF   THE    CONSTITUTIONAL   CONVENTION. 

either  house  tliey  shall  not  be  questioned  in  any 
other  place. 

Section  12,  The  debates  of  each  house  shall  be 
public,  except  on  such  occasions  as,  in  the  opinion  of 
the  house,  require  secrecy. 

Section  13.  The  compensation  of  members  of  the 
general  assembly  shall  be  five  hundred  dollars  in  full 
for  the  term  for  which  they  are  elected.  The  general 
assembly  may,  in  addition  to  such  compensation,  pro- 
vide by  law  for  the  transportation  of  each  member 
or  member-elect  by  public  conveyance,  by  the  most 
convenient  route,  between  his  home  station  and  the 
place  of  meeting  during  the  session  of  the  general 
assembly  to  which  he  was  elected,  and  until  the  gen- 
eral assembly  shall  by  law  take  action  thereon,  the 
comptroller  shall  provide  for  such  transportation. 

Akticle  Foukth. 
OF  THE  EXECUTIVE  DEPARTMENT 

Section  1.  The  supreme  executive  power  of  the 
state  shall  be  vested  in  the  governor.  No  person  who 
is  not  an  elector  of  this  state  and  who  has  not  arrived 
at  the  age  of  thirty  years  shall  be  eligible  to  that 
office. 

Section  2.  The  lieutenant-governor  shall  possess 
the  same  qualifications  as  are  herein  prescribed  for 
the  governor. 

Section  3.  The  compensation  of  the  governor  and 
lieutenant-governor  shall  be  established  by  law,  and 
shall  not  be  changed  so  as  to  take  effect  until  after  the 
election  which  shall  next  succeed  the  passage  of  the 
law  establishing  said  compensation. 


JOURNAL   OF    THE    CONSTITUTIONAL    CONVENTION.  453 

Section  4.  The  governor  shall  be  commander-in- 
chief  of  the  military  and  naval  forces  of  the  state, 
except  when  such  forces  are  called  into  the  service  of 
the  United  States. 

Section  5.  He  may  require  information  in  writ- 
ing from  the  officers  in  the  executive  department  on 
any  subject  relating  to  the  duties  of  their  respective 
offices. 

Section  6.  He  may  adjourn  the  general  assembly 
to  such  time  as  he  shall  think  proper,  not  beyond 
the  day  of  the  next  stated  session,  in  case  of  a  dis- 
agreement between  the  two  houses  respecting  the 
time    of    adjournment. 

Section  7.  He  shall,  from  time  to  time,  give  to 
the  general  assembly  information  of  tlie  state  of  the 
government,  and  recommend  to  its  consideration 
such  measures  as  he  shall  deem  expedient. 

Section  8.  He  shall  cause  the  laws  to  be  faith- 
fully executed. 

Sec  HON  9.  He  may  grant  reprieves  after  con- 
viction in  all  cases,  except  those  of  impeachment, 
until  the  end  of  the  next  session  of  the  general  as- 
sembly, bilt  no  longer. 

Section  10.  All  commissions  shall  be  in  the  name 
and  by  authority  of  the  state  of  Connecticut;  shall 
be  sealed  with  the  state  seal,  signed  by  the  governor, 
and  attested  by  the  secretary. 

Section  11.  Every  bill  which  shall  have  passed 
both  houses  of  the  general  assembly  shall  be  presented 
to  the  governor.  If  he  approve,  he  shall  sign  and 
transmit  it  to  the  secretary,  but  if  not,  he  shall  return 
it  to  the  house  in  which  it  originated,  with  his  objec- 
tions, which  shall  be  entered  in  the  journal  of  the 


454 


JOURNAL   OF   THE   CONSTITUTIONAL   CONVENTION. 


house,  and  it  shall  proceed  again  to  consider  the  bill.  If 
after  such  reconsideration  that  house  shall  again  pass 
the  bill,  it  shall  be  sent,  with  the  objections,  to  the 
other  house,  which  shall  also  again  consider  it.  If 
passed  by  that  house,  it  shall  become  a  law.  In  such 
cases  the  votes  of  both  houses  shall  be  determined  by 
yeas  and  nays,  and  the  names  of  the  members  voting 
for  and  against  the  bill  shall  be  entered  in  the  journal 
of  each  house  respectively.  If  the  bill  be  not 
returned  by  the  governor  within  ten  days,  Sundays 
excepted,  after  it  has  been  presented  to  him,  it 
shall  be  a  law,  in  like  manner  as  if  he  had  signed 
it;  unless  the  general  assembly,  by  adjournment, 
prevents  its  return,  in  which  case  it  shall  not  be  a  law. 
In  a  bill  for  the  appropriation  of  money  containing 
several  items  the  governor  may  approve  or  disapprove 
any  of  such  items,  in  which  case  the  bill  shall  become 
a  law  as  to  those  items  approved  by  him,  and  those 
disapproved  by  him  shall  be  returned  to  the  general 
assembly  with  his  objections,  and  they  shall  not 
become  a  part  of  the  law  unless  passed  by  both  houses 
in  the  manner  aforesaid  ;  but  no  items  except  such  as 
are  returned  by  the  governor  wdthin  the  time  afore- 
said may  be  disapproved  by  him,  unless  the  general 
assembly  by  adjournment  prevents  such  return. 

Section  1 2.  The  lieutenant-governor  shall,  ex  officio, 
be  president  of  the  senate,  and  have,  when  in  com- 
mittee of  the  wdiole,  the  right  to  debate,  and,  when  the 
senate  is  equally  divided,  to  give  the  casting  vote. 

Secidn  13.  In  case  of  the  death,  resignation,  re- 
fusal or  inability  to  serve,  or  removal  from  office,  of 
the  governor,  or  of  his  impeachment,  or  absence  from 
the  state,  the  lieutenant-governor  shall  administer  the 


JOURNAL   OF   THE    CONSTITUTIONAL    CONVENTION.  465 

oflSce  of  governor  until  another  be  chosen  and  duly 
qualified  or  until  the  governor  impeached  or  absent 
shall  be  acquitted  or  return. 

Section  14.  In  the  event  of  the  death,  resignation, 
refusal  or  inability  to  serve,  removal  from  office,  im- 
peachment, or  absence  from  the  state,  of  both  the 
governor  and  lieutenant-governor,  the  president  of 
the  senate  pro  terapore  shall,  in  like  manner,  admin- 
ister the  office  of  governor,  until  he  be  superseded 
by  a  governor  or  lieutenant-governor;  and  if  there 
be  no  president  pro  tempore  of  the  senate  and  the 
senate  be  not  in  session  the  secretary  shall  convene 
the  senate  for  the  purpose  of  choosing  a  president  j:)?'c» 
tempore. 

Section  15.  The  secretary  shall  have  the  custody 
of  and  shall  safely  keep  the  public  records  and  docu- 
ments, and  shall  record  the  acts,  resolutions,  and 
orders  of  the  general  assembly,  and  perform  all  such 
duties  as  may  be  prescribed  by  law.  He  shall  be 
the  keeper  of  the  seal  of  the  state,  which  shall  not 
be  altered. 

Section  16,  The  treasurer  shall  receive  all  money 
belonging  to  the  state  and  disburse  it  only  as 
directed  by  law.  He  shall  pay  no  warrant  or  order 
for  the  disbursement  of  public  money  until  it  has 
been  registered  in  the  office  of  the  comptroller. 

Section"  1 7.  The  comptroller  shall  adjust  and  set- 
tle all  public  accounts  and  demands,  except  grants  and 
orders  of  the  genei'al  assembly.  He  shall  prescribe 
the  mode  of  keeping  and  rendering  all  public  ac- 
counts. He  shall,  ex  officio,  be  one  of  the  auditors  of 
the  accounts  of  the  treasurer.  The  general  assembly 
may  assign  to  him  other  duties  in  relation   to   his 


466  JOURNAL   OF    THE   CONSTITUTIONAL   CONVENTION. 

office,  and  to  that  of  the  treasurer,  and  shall  prescribe 
the  manner  in  which  his  duties  shall  be  performed. 

Section  18.  The  governor,  lieutenant-governor, 
secretary,  treasurer,  and  comptroller  shall  hold  their 
respective  offices  for  two  years,  and  the  attorney- 
general  for  four  3^ears,  from  the  Wednesday  following 
the  first  Monday  of  the  January  next  succeeding  their 
election,  and  until  their  successors  are  duly  qualified. 

Sec  HON  19.  Sheriffs  shall  be  elected  in  the  several 
counties  quadrennially,  on  the  Tuesday  after  the  first 
Monday  of  November,  and  shall  hold  office  for  the 
term  of  four  years  from  the  first  day  of  June  follow- 
ing their  election.  They  shall  become  bound,  with 
sufficient  sureties,  to  the  treasurer  of  the  state,  for 
the  faithful  discharge  of  the  duties  of  their  ofiice,  in 
the  manner  prescribed  by  law.  They  shall  be  re- 
movable by  the  general  assembly.  If  the  sheriff 
of  any  county  shall  die,  resign,  or  be  removed 
from  office  by  the  general  assembly,  the  governor  may 
fill  the  vacancy  occasioned  thereby,  until  the  same 
shall  be  filled  by  the  next  quadrennial  election. 

Article  Fifth. 
OF  THE   JUDICIAL   DEPARTMENT. 

S-KCTiuN  1.  The  judicial  power  of  the  state  shall 
be  vested  in  a  supreme  court  of  errors,  a  superior 
court,  and  such  inferior  courts  as  the  general  assembly 
may,  from  time  to  time,  ordain  and  establish,  the 
powers  and  jurisdiction  of  which  couils  shall  be 
defined  by  law. 

Section  2.  Justices  of  the  peace  shall  be  chosen  by 
the  electors  in    the  several   towns.     The   time   and 


JOURNAL   OF   THE    CONSTITUTIONAL    CONVENTION. 


457 


manner  of  their  election,  the  number  in  each  town, 
and  the  period  for  which  they  shall  hold  their  office, 
shall  be  prescribed  by  law.  They  shall  have  such 
jurisdiction  in  civil  and  criminal  cases  as  the  general 
assembly  may  prescribe. 

SECTioisr  3.  The  judges  of  the  supreme  court  of 
errors  and  of  the  superior  court  shall,  upon  nomina- 
tion by  the  governor,  be  appointed  by  the  general 
assembly  in  such  manner  as  shall  by  law  be  prescribed. 
They  shall  hold  office  for  the  term  of  eight  years,  but 
may  be  removed  by  impeachment,  and  shall  be  removed 
by  the  governor  on  the  address  of  two-thirds  of  each 
house  of  the  general  assembly.  If  any  vacancy 
occurs  in  the  supreme  court  of  errors  or  superior 
court,  when  the  general  assembly  is  not  in  session, 
the  governor  may  appoint  a  judge  to  fill  such  vacancy, 
until  the  rising  of  the  next  general  assembly,  or  until 
the  vacancy  is  filled  by  the  action  of  the  governor  and 
the  general  assembly  as  hereinbefore  provided.  No 
judge  or  justice  of  the  peace  shall  be  capable  of  hold- 
ing such  office  after  he  arrives  at  the  age  of  seventy 
years.  Any  judge  of  the  supreme  court  of  errors  or 
superior  court  who  shall  be  retired  from  office  on 
account  of  age  shall  thereupon  become  a  state  referee, 
whose  powers  and  duties  shall  be  defined  by  law. 

The  judges  of  the  supreme  court  of  errors  and  of 
the  superior  court  shall  receive  a  stated  compensation 
to  be  fixed  by  the  general  assembly.  Said  compensa- 
tion may  be  increased,  but  shall  not  be  diminished 
during  their  terms  of  office. 

Sectiq]^  4.  Judges  of  such  courts  of  common  pleas 
and  of  such  district  courts  as  are  or  may  be  estab- 
lished, shall  be  appointed  for  a  term  of  six  years,  in  the 


458  JOUKKAL    OF   THE    CONSTITUTIOKAL    CONVENTIOX. 

manner  provided  in  section  three  for  the  appointment 
of  judges  of  the  supreme  court  of  errors  and  superior 
court.  If  any  vacancy  occurs  in  the  office  of  Judge  of 
either  of  such  courts  when  the  general  assemljly  is 
not  in  session,  the  governor  may  appoint  a  judge  to 
fill  such  vacancy,  until  the  rising  of  the  next  general 
assembly,  or  until  the  vacancy  is  filled  by  the  action 
of  the  governor  and  general  assembly,  as  hereinbefore 
provided.  Judges  of  such  city  courts,  police  courts, 
borough  courts,  and  town  courts,  as  are  or  may  be 
established,  shall  be  appointed  for  a  term  of  two 
years. 

Section  5.  Judges  of  probate  shall  be  chosen 
quadrennially,  at  the  general  election,  by  the  electors 
residing  in  their  respective  districts.  They  shall  hold 
office  for  four  years  from  the  Wednesday  after  the 
first  Monday  of  the  January  next  succeeding  their 
election. 

Section  6.  The  general  assembly  may  ordain  and 
establish  a  court  or  tribunal,  composed  of  not  less 
than  three  judges  of  the  superior  court,  to  review 
and  pass  upon  errors  of  fact,  or  of  law,  or  both. 

Article  Sixth. 

OF  ELECTIONS  AND  ELECTORS. 

Section  1.  At  the  general  election  for  the  choice 
of  state  officers,  members  of  the  general  assembly,  and 
such  other  officers  as  now  are  or  hereafter  may  be 
prescribed,  the  presiding  officers  shall  receive  the 
votes  of  the  electors,  which  shall  be  by  ballot,  either 
written  or  printed,  or  by  voting  machine  authorized 
by  law,  and  shall    count   and  declare  them   in   the 


JOURNAL    OF   THE    CONSTITUTIONAL    CONVENTION.  4"'9 

presence  of  the  electors.  When  such  votes  have 
been  so  received  and  counted,  duplicate  lists  of 
the  persons  voted  for,  and  of  the  number  of  votes 
given  for  each,  shall  be  made  and  certified  by  the 
presiding  officer;  one  of  v^^hich  lists  shall  be  deposited 
in  the  office  of  the  town  clerk  within  three  days,  and 
the  other,  within  ten  days  after  said  election,  shall  be 
mailed  or  delivered  under  seal  to  the  secretary,  with 
an  indorsement  indicating  the  contents  thereof.  The 
votes  so  returned  shall  be  counted,  canvassed,  and  de- 
clared by  the  secretary,  treasurer,  and  comptroller, 
within  the  month  of  November.  The  vote  for  secre- 
tary shall  be  counted,  canvassed,  and  declared  by  the 
treasurer  and  comptroller  only ;  the  vote  for  treasurer 
shall  be  counted,  canvassed,  and  declared  by  the  secre- 
tary and  comptroller  only ;  and  the  vote  for  comp- 
troller shall  be  counted,  canvassed,  and  declared  by  the 
secretary  and  treasurer  only.  A  fair  list  of  the  persons 
voted  for  and  number  of  votes  given  for  each,  together 
with  the  returns  of  the  presiding  officers,  shall  be  made 
by  the  secretary,  treasurer,  and  comptroller,  and 
laid  before  the  genei'al  assembly  on  the  first 
day  of  the  next  stated  session  thereof.  In  the  elec- 
tion for  governor,  lieutenant-governor,  secretary, 
treasurer,  comptroller,  and  attorney -general,  the  person 
found  by  the  general  assembly,  in  the  manner  herein 
provided,  to  have  received  the  greatest  number  of 
votes  for  each  of  said  offices  respectively,  shall  be 
declared  by  said  assembly  to  be  elected.  If  two 
or  more  persons  shall  be  found  to  have  an  equal  and 
the  greatest  number  of  votes  for  any  of  said  offices, 
then  the  general  assemb]}^  on  the  second  day  of  its 
session,  by  joint  ballot  of  both   houses,  shall  proceed 


460 


JOURNAL    OF    THE    CONSTITUTIOXAL    CONVEXTION. 


without  debate  to  choose  said  officer  from  a  list  of  tlie 
names  of  the  persons  found  to  have  an  equal  and  the 
greatest  number  of  votes  for  said  office.  The  general 
assembly  shall  by  law  jDrescribe  the  manner  in  which 
all  questions  concerning  the  election  of  the  above- 
named  officers  shall  be  determined. 

Section  2.  All  persons  who  at  the  time  of  the 
adoption  of  this  constitution  are  electors  shall  con- 
tinue such,  subject  to  its  provisions  and  the  laws  of 
the  state. 

Section  3.  Every  male  citizen  of  the  United 
States  who  shall  have  attained  the  age  of  twenty-one 
years,  who  shall  have  resided  in  this  state  for  one 
year  next  preceding,  and  in  the  town  in  which  he 
may  offer  himself  to  be  admitted  to  the  privileges 
of  an  elector  at  least  six  months  next  preceding,  the 
time  he  may  so  offer  himself,  and  shall  be  able  to 
read  in  the  English  language  any  article  of  the  con- 
stitution or  any  section  of  the  statutes  of  this  state, 
and  shall  sustain  a  good  moral  character,  shall,  on 
taking  such  oath  as  may  be  prescribed  by  law,  bec<  me 
an  elector. 

Section  4.  The  privileges  of  an  elector  shall  be 
forfeited  by  a  conviction  of  bribery,  forgery,  perjury, 
dueling,  fraudulent  bankruptcy,  theft,  or  other 
offense  for  which  an  infamous  punishment  is  in- 
flicted. The  general  assembly  may,  by  vote  of  two- 
thirds  of  the  members  of  each  house,  restore  the 
jDrivileges  of  an  elector  to  those  who  have  forfeited 
them  by  a  conviction  of  crime. 

Section  5.  Every  elector  shall  be  eligible  to  any 
office  in  this  state,  unless  otherwise  provided  in  this 
constitution. 


JOUENAL    OF   THE    CONSTITUTIONAL   CONVENTION.  461 

Section  6.  The  selectmen  and  town  clerk  of  the 
several  towns  shall  decide  on  the  qualifications  of 
electors,  at  such  times  and  in  such  manner  as  may  be 
pi'escribed  by  law. 

Section  7.  Laws  shall  be  made  to  support  the 
privilege  of  free  suffrage,  prescribing  the  manner  of 
regulating  and  conducting  meetings  of  the  electors, 
and  prohibiting,  under  adequate  penalties,  all  undue 
influence  therein,  from  power,  bribery,  tumult,  or 
other  improper  conduct. 

Section  8.  The  electors  shall  be  privileged  from 
arrest,  on  civil  process,  during  their  attendance  upon, 
and  wdiile  going  to,  and  returning  from,  any  election 
of  state  officers  or  members  of  the  general  assembly. 

Article  Seventh. 

OF  RELIGION. 

Section  1.  It  being  the  duty  of  all  men  to  wor- 
ship the  Supreme  Being,  the  great  Creator  and  Pre- 
server of  the  universe,  and  their  rio-ht  to  render  that 
worship  in  the  mode  most  consistent  with  the  dic- 
tates of  their  consciences,  no  person  shall  by  law  be 
compelled  to  join  or  support,  or  be  classed  with,  or 
associated  to,  any  congregation,  church,  or  religious 
association.  Ever}  person  now  belonging  to  such 
congregation,  church,  or  religious  association  shall 
remain  a  member  thereof  until  he  shall  have  separated 
himself  therefrom  in  the  manner  hereinafter  pro- 
vided. Each  and  every  religious  society  or  denomi- 
nation shall  have  and  enjoy  the  same  and  equal 
powders,  rights,  and  privileges,  and  may  support  and 
maintain   its    ministers  or   teachers,   and  may  build 


462  JOURNAL    OF   THE    CONSTITUTIONAL    CONVENTION. 

and  repair  houses  for  public  worship  by  a  tax  on 
its  members  only,  to  be  laid  by  a  major  vote  of  the 
legal  voters  assembled  at  a  societ}^  meeting  duly 
warned  and  held,  or  by  funds  obtained  in  any  other 
lawful  manner. 

Section  2.  If  any  person  shall  choose  to  separate 
himself  from  the  religious  society  or  denomination  to 
which  he  may  belong,  and  shall  leave  a  written 
notice  thereof  with  the  clerk  of  such  society,  he  shall 
not  be  liable  for  any  expenses  thereafter  incni-red  by 
said  society. 

Aeticle  Eighth. 

OF  EDUCATION. 

Section  1.  The  charter  of  Yale  College,  as  modi- 
fied by  agreement  with  the  corporation  thereof,  in 
pursuance  of  an  act  of  the  general  assembly  passed 
in  May,  1792,  is  hereby  confirmed. 

Section  2.  The  fund  called  the  school  fund  shall 
remain  a  perpetual  fund,  the  interest  of  w^hich  shall 
be  inviolably  appropriated  to  the  support  and  encour- 
agement of  the  public  or  common  schools  throughout 
the  state,  and  for  the  equal  benefit  of  all  the  people 
thereof.  No  law  shall  be  made  authorizing  said 
fund  to  be  diverted  to  any  other  use  than  the 
encouragement  and  support  of  public  or  common 
schools,  among  the  several  school  societies  or  dis- 
tricts, as  justice  and  equity  shall  require. 

Article  Ninth. 

OF  IMPEACHMENT. 

Section  1.  The  house  of  representatives  shall 
have  the  sole  power  of  impeachment. 


JOURNAL    OF   THE    CONSTITUTIONAL    CONVENTION.  463 

Sfctton  2.  All  impeachments  sball  be  tried  by 
tlie  senate.  When  sitting  for  that  purpose,  the  sena- 
tors shall  be  on  oath  or  affirmation.  No  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of 
the  senators  present.  When  the  governor  is  im- 
peached the  chief  justice  shall  preside. 

Section  3.  The  governor  and  all  other  executive 
and  judicial  officers  shall  be  liable  to  impeachment ; 
but  judgments  in  such  cases  shall  not  extend  further 
than  to  removal  from  office  and  disqualification  to 
hold  any  office  of  honor,  trust,  or  profit  under  this 
state.  The  person  convicted  shall,  nevertheless,  be 
liable  to  indictment,  trial,  and  punishment  accord- 
ing to  law. 

Section  4.  Treason  against  the  state  shall  consist 
only  in  levying  war  against  it,  or  adhering  to  its  ene- 
mies, giving  them  aid  and  comfort.  No  person  shall 
be  convicted  of  treason  except  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  on  confession 
in  open  court.  No  conviction  of  treason,  or  attainder, 
shall  work  corruption  of  blood  or  forfeiture. 

Akticle  Tenth. 
GENERAL  PROVISIONS. 

Section  1.  Members  of  the  general  assembly  and 
all  officers,  executive  and  judicial,  shall,  before  they 
enter  on  the  duties  of  their  respective  offices,  take  the 
following  oath  or  affirmation,  to  wit : 

You  do  solemnly  swear  (or  affirm,  as  the  case  may 
be,)  that  you  will  support  the  constitution  of  the 
United  States,  and  the  constitution  of  the  state  of 
Connecticut,  so  long  as  you  continue  a  citizen  thereof; 


464  JOURNAL    OF   THE    CONSTITUTIONAL    CONVENTION. 

and  tliat  you  will  faithfully  discharge,  according  to 

law,  the  duties  of  the  office  of to  the  best 

of  your  abilities.     So  help  you  God. 

SectiojS"  2.  No  judge  of  the  supreme  court  of  errors, 
or  of  the  superior  court,  no  member  of  congress,  no 
person  holding  any  office  under  the  authority  of  the 
United.  States,  no  person  holding  the  office  of  secre- 
tary, treasurer,  comptroller,  or  attorney-general,  no 
sheriff  or  sheriff's  deputy,  shall  be  a  member  of  the 
general  assembly. 

Section  8.  No  member  of  the  general  assembly 
shall  receive  any  civil  appointment  in  this  state,  or 
to  the  United  States  senate,  from  the  governor,  the 
governor  and  senate  or  from  the  general  assembly, 
or  either  branch  thereof,  during  the  term  for  which 
he  shall  have  been  elected. 

Section"  4.  No  act  of  the  general  assembly  chang- 
ing or  discontinuing  a  probate  district  shall  be  valid 
unless  approved  by  a  major  vote  of  the  electors  resid- 
ing in  the  town,  or  parts  of  towns,  to  be  added  to  or 
taken  from  said  district  or  discontinued  as  a  district. 

Section  5.  The  general  assembly  shall  not  author- 
ize any  municipality  to  issue  bonds  or  debentures  for 
any  purpose  except  to  take  up  an  outstanding  issue 
of  bonds  or  other  form  of  indebtedness,  unless  the 
act  authorizing  such  issue  shall  provide  for  submitting 
to  the  electors  of  such  municipality  the  question 
whether  such  issue  shall  be  made ;  and  no  such  issue 
shall  be  made  unless  the  same  is  approved  by  a 
majority  of  the  electors  voting  thereon. 

Section  6.  Neither  the  general  assembly,  except 
as  provided  in  section  3  of  article  5,  nor  any 
county,    city,     borough,    town,    school    district,     or 


JOUKNAL    OF   THE    CONSTITUTIONAL    CONVENTION, 


466 


other  mnnicipality,  shall  pay  or  grant  any  extra 
compensation  to  any  public  officer,  employee,  agent, 
or  servant,  or  increase  the  compensation  of  any 
public  officer  or  employee,  to  take  effect  during  the 
continuance  in  office  of  any  person  whose  salary 
might  be  increased  thereby,  or  increase  the  pay  or 
compensation  of  any  public  contractor  above  the 
amount  specified  in  the  contract. 

Section  7.  No  county,  city,  town,  borough,  or 
other  municipality,  shall  subscribe  to  the  capital  stock 
of  any  railroad  corporation,  or  become  a  purchaser  of 
the  bonds  of,  or  make  donation  to,  or  loan  its  credit, 
directly  or  indirectly,  in  aid  of  any  such  corporation ; 
but  nothing  herein  contained  shall  affect  the  validity 
of  any  bonds  or  debts  incurred  under  existing  laws, 
or  prohibit  the  general  assembly  from  authorizing 
any  town  or  city  to  protect  by  additional  appropria- 
tions of  money  or  credit  any  railroad  debt  contracted 
prior  to  the  amendment  of  the  constitution  adopted 
October,  1877. 

Section  8.  Each  town  shall  annually  or  bien- 
nially, as  the  electors  of  the  town  may  determine,  elect 
selectmen,  and  such  officers  of  local  police  as  the  laws 
may  prescribe. 

Section  9.  A  statement  of  all  receipts,  payments, 
funds,  and  debts  of  the  state  shall  be  published  from 
time  to  time,  in  such  manner  and  at  such  periods  as 
shall  be  prescribed  by  law. 

Section  10.  The  rights  and  duties  of  all  corpora- 
tions shall  remain  as  if  this  constitution  had  not  been 
adopted,  with  the  exception  of  such  regulations  and 
restrictions  as  are  contained  in  this  constitution. 
All  existing  inferior  courts  shall  continue  until  abol- 
c.  c—  30 


466  JOURNAL    OF   THE    CONSTITUTIONAL   CONVENTION. 

ished  by  law.  All  judicial  and  civil  officers  now  in 
office  shall  continue  therein  until  their  terms  of  office 
expire,  or  until  they  resign,  or  are  removed  from 
office  according  to  law.  All  military  officers  shall 
continue  to  hold  and  exercise  their  respective  offices 
until  their  terms  of  office  expire,  or  until  they  re- 
sign, or  are  removed  according  to  law.  All  laws 
not  contrary  to,  or  inconsistent  with,  the  provisions 
of  this  constitution,  shall  remain  in  force  until  they 
expire  by  their  own  limitation,  or  are  altered  or 
repealed  by  the  general  assembly  in  conformity  with 
this  constitution.  The  validity  of  all  bonds,  debts, 
and  contracts,  and  all  suits,  actions,  and  rights  of 
action,  both  in  law  and  equity,  shall  continue  as  if  no 
change  had  taken  place. 

Section  11.  This  constitution  shall  take  effect 
upon  its  adoption  by  the  electors  and  shall  then 
supersede  the  preceding  constitution,  except  that  the 
present  general  assembly  shall  continue  for  its 
original  term. 

Article  Eleventh. 

OF  AMENDMENTS  TO  THE  CONSTITUTION. 

A  majority  of  eitlier  house  of  the  general  assembly 
may  propose  amendments  to  this  constitution,  which 
amendments  shall  be  continued  to  the  next  general 
assembly,  and  be  published  with  the  laws  which 
may  have  been  passed  at  the  same  session;  and 
if  a  majority  of  the  members  elected  to  each 
house,  at  the  next  general  assembly,  shall  approve 
the  amendments  proposed,  by  yeas  and  nays,  said 
amendments  shall  be  transmitted,  by  the  secretary,  to 
the  town  clerk  in  each  town  in  the  state,  who  shall 


JOURNAL    OF   THE    CONSTirUTIONAL    CONVENTIOIS".  467 

present  them  to  the  electors  thereof,  for  tlieir 
consideration,  at  an  electors'  meeting,  legally  warned 
and  held  for  that  purpose;  and  if  it  shall  appear, 
in  a  manner  to  be  provided  by  law,  that  a  majority 
of  the  electors  present  at  such  meeting  has  approved 
such  amendments,  they  shall  become  a  part  of  this 
constitution. 

Article  Twelfth. 

OF  CONSTITUTIONAL  CONVENTIONS. 

No  call  for  a  constitutional  convention  shall  be 
submitted  to  the  people  unless  the  general  assembly, 
by  a  major  vote  in  each  house,  provide  for  such  sub- 
mission, and  no  constitutional  convention  shall  be 
called  unless  it  shall  receive  a  major  vote  of  the 
registered  electors  of  the  state. 

On  motion  of  Mr.  Clark  of  Haddam,  the  Convention,  at 
5.10  o'clock  P.  M.,  adjourned  sine  die. 


INDEX. 


Page. 

Absentees,  Clerk  instructed  to  notify,  419 

Adjournment : 

resolution  concerning  final,  74,  271 

of  Convention,  15,  19,  27,  39,  46,  49,  51,  64,  66,  67, 
71,  73,  75,  83,  86,  88,  89,  90,  94,  99,  102,  109,  115, 
116, 121,  128,  135,  142,  150,  160,  174,  180,  185,  209, 
219,  227,  232,  235,  241,  279,  281,  292,  313,  316,  322, 
327,  339,  350,  360,  362,  368,  375,  387,  388,  392,  397, 

402,  411,  425 
final,  467 

Amendments,  resolutions  providing  for  constitutional,         86 
Andrews,  Charles  B. : 

appointed  chairman  of  the  committee  on  Repre- 
sentation, 383,  387 
block  and  gavel  presented  to,  424 
elected  president  of  Convention,  9 
acceptance  of  presidency,  9 
motions  by,  "^  164,  165,  166,  167,  172 
Appeals : 

from  rulings  of  the  chairman  of  the  committee  of 

the  Whole,  96,111 

from  rulings  of  the  president,  42,  304 

Article  Third : 

adoption  of,  206,  214,  216 

resolution  concerning  consideration  of,  33 

Assistant  Clerk: 

election  of,  44 

oath  administered  to,  44 

resolution  concerning  appointment  of,  14,  27,  42,  43,  44 
resolution  concerning  appointment  of  stenographer 

as,  21,  56 

Bailey,  Henry  L. : 

appointed  on  committee  on  Contingent  Expenses,       56 
resolutions  introduced  by,         68,  81,  131,  353,  413,  436 


470  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Page. 

Barnes,  George  A. : 

appointed  on  committee  on  Contingent  Expenses,       56 

Beach,  Charles  M. : 

appointed  on  committee  on  Representation,  129 

resolutions   introduced   by,  28,    69 

Bell,  Thaddeus: 

resolution  introduced  hj,  18 

Bill  of  Eights,  amended,  249 

resolutions  concerning,  163,  238,  240,  241,  244,  245,  284 

Bissell,  Charles  C. : 

appointed  teller,  20 

motions  by,  155 

resolutions  introduced  by,  88,  398,  424,  432 

Block  and  gavel  presented  to  president,  424,  436 

Bonds,  municipality  not  to  issue  unless  by  a  majority 

vote  of  the  electors  therein,  54,  24Y,  249 

Books,  not  to  be  used  as  evidence  without  consent  of 

prisoner,  69 

Boss,  Eugene  S. : 

appointed  on  committee  on  Special  Legislation,       320 

Bowen,  George  Austin : 

appointed  on  committee  on  Representation,  129 

arose  to  a  question  of  personal  privilege,  116 

motions  by,  145 

presides  in  the  committee  of  the  "Whole,  101 

Brinsmade,  John  C. : 

appointed   on  committee  on   Bepresentation,  387 

appointed  on  drafting  committee,  163 

motions  by,  285,  365 

presides  over  the  Convention,  372 

Broth  well,  Wilbur  A.,  resolutions  introduced  by,  65,  404,  421 

Bro^vn,  Arthur  M. : 

appointed  on  committee  on  Special  Legislation,         320 

Brown,  Frank  T. : 

appointed  on  committee  on  Credentials,  9 

appointed  on  committee  on  Representation,       129,  387 
appointed  on  committee  on  Style,  295 

motions  by,  106,  158,  169,  170,  171,  172,  296,  333 

presides  over  the  Convention, '  155 

James  F.,  appointed  on  committee  on  Representation,  388 
Rev.  William  Martin,  appointed  Chaplain,  28 


INDEX.  471 

Page. 

Bryant,  Percy  S. : 

appointed  on  committee  on  Contingent  Expenses,  56 

appointed  on  committee  on  Special  Legislation,  322 

motions  by,                        15,  27,  31,  202,  204,  273,  355 

resolutions  introduced  by,                                  20,  34,  174 

Bryant,  Samuel  J. : 

appointed  on  drafting  committee,  162 

arose  to  a  question  of  personal  privilege,  177 
motions  by,                                                                      31,  50 

Buell,  Harley  P.: 

appointed  on  committee  on  Representation,  129 

Bugbee,  Byron  D.,  motion  by,  50 

Bulkeley,  Morgan  G. : 

resolution  of  thanks  of  the  Convention  to,  436 

Case,  Hubert  B.,  appointed  teller,  20 

Caucus,  resolution  providing  for  a  general,  95 

Chairman  of  the  committee  of  the  Whole  : 

appointment  of,  46 

rulings  by,  50,  58,  59,  96,  97,  105,  106,  111,  113,  114, 

120,  133,  134,  230,  237 

Chandler,  Eandolph  H. : 

resolution  introduced  by,  15 

Chaplains : 

appointment  of,  28 

resolution  paying  for  services  of,  411 

Chart,  paying  for  preparation  of,  418 

Charter,  Francis  M. : 

appointed  on  Drafting  committee,  163 

motion  by,  195 

resolution  introduced  by,  95 

Charters,  general  assembly  not  to  grant  special,  54 

to  be  uniform  in  the  State,                                   95,  342 

Cheney,  Frank  W. : 

appointed  on  committee  on  Special  Legislation,  320 

presides  in  the  committee  of  the  Whole,  101 

resigns  from  committee  on  Special  Legislation,  322 

resolution  introduced  by,  9 

Chipman,  Edwin  C,  resolution  introduced  by,  60 

Christian,  stricken  out  of  bill  of  rights,  249 


472  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Page. 

Clmrches,  resolution  concerning  support  of,  55 

Cities  not  to  incur  debt  beyond  a  certain  amount,  86 

to  be  incorporated  under  a  general  law,  55 

to  have  uniform  charters,  95 

Civil  appointments: 

members  of  general  assembly  not  to  receive,  47,  48,  281, 

295,  296 
service,  resolution  in  favor  of,  48,   298 

Clark,  Charles  Hopkins: 

appointed  on  committee  on  Representation,         129,  387 
arose  to  a  question  of  personal  privilege,  116 

motions  bv,  14,  16,  245,  254,  272,  344,  349,  359,  380, 

383 
presides  over  committee  of  the  "Whole,  93 

presides  over  the  Convention,  316 

resolutions  introduced  by,  14,  48,  100,  275 

Clark,  George  M. : 

motions  by,  32,  82,  160,  194,  263,  278,  285,  425 

resolutions  introduced  bv,  34,  40,  60,  68,  79,  80,  95,  99, 

423,  436 
arose  to  a  question  of  personal  privilege,  321 

Clerk  administers  oath  to  George  E,  Hinman,  44 

administers  oath  to  E.  Jay  Walsh,  28 

election  of,  13 

assignment  of  seats  by,  16 

authorized  to  print  journal,  20 

authorized  to  prepare  manual,  40 

authorized  to  print  Constitution,  52 

instructed  to  read  all  of  the  resolutions,  50 

ordered  to  send  rules  to  delegates,  27 

to  have  printed  all  bills  concerning  representa- 
tion, 40 
to  print  detailed  plan  of  representation  based  on 

the  various  resolutions,  87 

Clerks  of  Convention  appointed  clerks  of  committee  of 

the  Whole,  46 

resolutions  paying  salaries  of,  368,  406 

Coe,  Edward  S. : 

appointed  on  committee  on  Contingent  Expenses,       56 
appointed  on  committee  on  Eepresentation,  129 

resolutions  introduced  by,  92,  103,  408 


INDEX.  47  3 

Page. 

Cogswell,  Leonard  W. : 

comptroller  authorized  to  purchase  report  of  Con- 
vention from,  408 
Collins,  William  A. : 

appointed  on  committee  on  Representation,  387 

Committee  of  the  Whole : 

chairman  of,  appointed,  46,  63 

clerks  of,,  appointed,  46 

raising  of,  46 

reports  of,  46,  51,  57,  59,  63,  67,  70,  73,  76,  78,  83,  86, 

90,  94,  98,  102,  107,  108,  109,  110,  115,  118,  124, 

135,   173,  179,  184,  224,  231,  237 

resolution  concerning  matters  referred  to,  39 

sessions  of,  46,  49,  50,  51,  56,  57,  58,  62,  66,  67,  69,  72, 
73,  75,  76,  77,  82,  83,  84,  85,  89,  93,  96,  98,  99,. 101, 
104,  105,  106,  107,  110,  111,  112,  113,  114,  116, 
117, 118, 123, 133, 134,  135, 163, 164,  165,  166,  167, 
168,  169,  170,  171,  172,  173,  178,  179,  183,  184, 

223,    224,    229,   230,   231 

to  report  to  Convention  all  matters  before  it,      236,  237 

on  Contingent  Expenses: 

raised,  47 

appointed,  56 

on  Credentials : 

appointed,  9 

report  of,  9 

on  Judicial  Department: 

raised  and  appointed,  263,  264,  276 

report  of,  306,  319 

on  Drafting  a  System  of  Representation: 

raised  and  appointed,  147,  150,  152,  162 

report  of,  176,  177,  187,  188,  189,  200,  201 

on  Drafting  the  Preamble  and  Bill  of  Rights,  249,  250 

on  Reporting  and  Printing,  appointed,  35 

report  of,  43,  44 

on  Representation : 

raised,  125 

appointed,  129 

report  of,  131,  132 

raised  and  appointed,  383,  387 

report  of,  394 


474  JOURNAL    OF    THE    CONSTITUTIONAL    CON\^ENTION. 

Page. 

Committee  of  the  Whole : 

on  Rules,  18 

report  of,  21,  25,  28,  29,  30,  31,  62 

Special  Legislation : 

raised  and  appointed,  319,  320 

on  Style : 

raised  and  appointed,  278,  295 

report  of,  370,  371,  441 

on  Woman  Suffrage,  and  report  of,  62,  272 

raising  one  to  consider  trial  by  jury,  163,  184 

resolution  concerning  appointment  of  Drafting,  33 

resolution  prohibiting  appointment  of,  34,  48 

Comptroller: 

authorized  to  appoint  messengers  and  doorkeepers,         18 
authorized  tO'  pay  transportation  of  members  of 

Convention,  18,  19,  436,  437. 

authorized  to  purchase  stenographic  report  of 

Convention,  386,  407 

resolution  concerning  the  appointment  of  a  sten- 

ogi'apher  as  assistant  clerk,  21 

Constitution : 

amendment  to,  provided  for,  86 

Article  First,  adopted,  164,  165,  166,  167,  168, 169,  170, 

171,  172,  386 

Second,  adopted,  172 

Third,  adopted,  206,  214,  216,  372,  373,  374,  375,  377, 

378,   383,   384,   385,   391,   441 

Fourth,  adopted,  251,  253,  254,  255,  256,  257,  258, 

259,  260,  261,  262,  384,  441 

Fifth,  adopted,  262,  264,  265,  268,  276,  284,  285, 

286,  287,  288,  289,  290,  386,  392 

Sixth,  adopted,  291,  292,  311,  312 

Seventh,  adopted,  265,  267,  268,  269,  270,  271,  283, 

303,  304,  305 
Eighth,  adopted,  279 

Ninth,  adopted,  280 

Tenth,  adopted,  348,  349,  350,  352,  353,  354,  355, 

356,  385,  441 

Eleventh,  adopted,  325,  357,  361,  365,  366,  367,  385 

as  adopted,  444 


INDEX.  475 

Page. 

Constitution : 

declaration  of  rights,  adopted,  164,  165,  166,  167,  168, 

169,  170,  171,  172 
distribution  of  powers,  adopted,  172 

draft  of  as  adopted,  444 

final  vote  on  adoption  of,  442 

preamble  to  adopted,  164 

submission  to  the  people  to  be  at  the  earliest  pos- 
sible moment,  438 
submission  of,  when,  '  439 
to  be  engrossed  and  filed  with  Secretary  of  State,  439 
to  be  submitted  in  sections,  103,  .157,  160 
vote  on  bj  the  people,  439 
Contingent  Expenses : 

committee  on,  raised,  47 

committee  on,  appointed,  56 

report  of  committee  on,  368,  406,  411,  418 

Convention : 

adjournments  of,  15, 19,  27,  39,  46,  49,  51,  64,  66,  67,  71, 
73,  75,  83,  86,  88,  89,  90,  94,  99,  102,  109,  115,  116, 
121,  128,  135,  142,  150,  160,  174,  180,  185,  209,  219, 
227,  232,  235,  241,  279,  281,  292,  313,  316,  322,  327, 
339,  350,  360,  362,  368,  375,  387,  388,  392,  397, 

402,  411,  425,  467 
assignment  of  seats  in,  15 

called  to  order,  '  9 

instructs  committee  of  the  Whole  to  report  all 

matters  pending  before  it,  235 

journals  of,  how  distributed,  438 

journal,  printing  of,  authorized,  20 

list  of  delegates  to,  3 

opening  session  of,  3 

president  of,  elected,  9 

providing  for  the  calling  of  other,  42,  357 

resolution  concerning  recess  of  to  engross  Consti- 
tution, 234 
resolution  concerning  the  calling  of  other,  81,  124 
resolutions  to  be  filed  with  Secretary  of  State,  439 
rules  of,  21,  28,  35,  42 
transportation  of  members  to,  18 


476  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Page. 

Convention : 

to  be  called  every  twenty  years,  56 

use  of  floor  granted  to  State  officers  and  judges,  47 

Coroners : 

to  be  elected  by  tlie  electors  in  the  counties,  55,  QQ 

Corporations : 

resolution  concerning  forfeiture  of  charter  of,  81 

resolution  concerning  special  privileges  to  public 

officers,  104,  348 

County  Commissioners : 

resolutions  concerning  appointment  of,  321,  326,  327, 

342,  343 
to  be  elected  by  the  electors  in  the  counties,         55,  QQ 

County  Officers : 

to  be  elected  by  the  electors  in  the  counties,  55,  66 

Courts : 

judges  of  not  to  practice  law,  81 

resolution  concerning  appointment  of  judges  of,         41 

Credentials : 

committee  on,  appointed,  9 

report  of  committee  on,  9 

report  of  committee  on,  accepted,  9 

Curtiss,  Horace  D. : 

appointed  on  committee  on  Special  Legislation,  320 

Damages : 

assessment  to  be  by  a  jury,  53 

default  in  constitutes  an  admission  of  every  ma- 
terial fact  alleged  in  complaint,  54 
resolution  against  any  change  in  default  law  con- 
cerning,                                                                          227 
right  to  recover  not  to  be  defeated  by  negligence 

of  co-employee,  69 

Davenport,  Daniel : 

appointed  on  committee  on  Credentials,  9 

appointed  on  committee  on  Eepresentation,  129,  387 

motions  bv,  30,  96,  107,  165,  167,  169,  172,  197,  229, 

238, "^240,  244,  245,  246,  247,  257,  265,  286,  319. 

360,  386 
presides  over  committee  of  the  Whole,  178 


INDEX.  477 

Page. 

Davenport,  Daniel : 

resohitions  introduced  hj,  41,  42,  47,  53,  54,  55,  61,  65. 
74,  81,  82,  91,  93,  104,  116,  182,  223,  291,  327,  341^ 

357,  365 
states  a  question  of  personal  privilege,  49 

Death,  amount  not  to  be  limited  in  actions  for,  182,  231 

Debate : 

delegates  to  notifv  clerk  of  their  intention  to,  85 

no  delegate  to  speak  more  than  once,  85 

no  resolution  to  be  voted  upon  until  every  delegate 

had  a  chance  to  discuss  the  subject  of  representation,  50 
resolutions  limiting  the  time  of,  -»71,  236,  245 

Debt : 

resolutions  concerning  imprisonment  for,  54 

Default: 

right  of  trial  by  jury  to  extend  to  case  after,  53 

to  be  held  to  admit  every  material  fact  alleged  in 

complaint,  54 

Delegates : 

oath  administered  to,  8 

reimbursed  for  expenses  of  transportation,  436 

roll  of  in  the  Convention,  •  3 

those  absent  to  be  notified,  419 

Dempsey,  Eugene  C. : 

appointed   on  Drafting  committee,  162 

motions  by,  342 

Divorces : 

not  to  be  granted  by  general  assembly,  54,  182,  245 

Doorkeepers : 

appointment  of,  18,  32 

gratuities  not  to  be  paid  to,  18 

Drafting  Committee : 

resolution  concerning  appointment  of,  33,  147,  152,  162 
report  of,  176,  177,  187,  188,  189,  200,  201 

Electors : 

resolution  concerning  transfer  of,  100 

Eminent  Domain : 

damages  to  be  assessed  by  jury  in,  75 


478  JOURNAL    OF    THE    CONSTITUTIO^^AL    CONVENTION. 

Page. 

Engrossment : 

resolutions  concerning  committee  on,  234,  243 

resolution  providing  for  the  Constitution,  439 

Equal  Representation : 

resolution  concerning,  «         41 

Equality : 

all  persons  to  have  before  the  law,           183,  246,  248 

Etheridge,  Frank  W. : 

appointed  on  committee  on  Eepresentation,  129,  387 

appointed  on  Drafting  committee,  162 
motions  by,           85,  140,  254,  268,  285,  303,  355,  384 

presides  bver  the  committee  of  the  Whole,  184 

resolution  introduced  by,  355 

Ex  Post  Eacto  Laws : 

resolution  concerning,  54 

Einal  adjournment : 

resolution  concerning,  74 

Eisk,  Louis  A. : 

motions  by,  195,  295 

resolutions  introduced  by,  40,  68,  119,  222,  303,  405 
Eyler,  Orsamus  E. : 

appointed  on  committee  on  Reporting  and  Printing,  35 

Gallup,  Charles  A.  : 

resolution  introduced  by,  '  183 

General  Assembly : 

all  acts  of  to  be  voted  on  by  Yeas  and  iSTays,  60 

changing  name  of,  64 

committee  on  Eepresentation  in,  raised,  125 

committee  on  Eepresentation,  appointed,  129 

composition  of,  to  be  first  disposed  of  by  Convention,  34 
Drafting  committee  on  Eepresentation  in,  raised 

and  appointed,  147,  152,  162 

Drafting  committee  on  Eepresentation,  report  of,  176, 

177,  187,  188,  189,  190,  191,  192,  200 

each  town  to  have  one  representative  in,  192,  411 

given  power  to  enact  initiative  and  referendum  law,  119 


INDEX.  479 

Page. 
General  Assembly : 

members  of  not  to  receive  civil  appointment,  47,  48,  281, 

295,  296,  303 
members  of  elected,  how,  303 

not  to  grant  special  charters,  45,    54,  83,  284,  299,  300, 

302,  313,  315,  316 
not  to  pass  ex  post  facto  laws  nor  grant  divorces,  54 
organization  of,  203 

providing  for  the  submission  to  the  people  of  the 

one-and-sixty  plan  and  the  population  plan,  413 

resolutions  concerning  composition  of,  34,  39,  40,  41,  47, 

48,52,60,65,  QG,  68,  69,  79,  80,  81,  87,  88,  91,  92,  93, 

95,  99,  100,  102,  103,  110,  112,  113,  117,  131,  132, 

134,  138,  141,  154,  180,  223,  325,  395,  398,  404, 

405,  406,  408,  409,  413,  415,  416,  421,  423,  424 

resolutions  concerning  bills  enacted  by,  72 

resolutions  embodying  the  one  representative  from 

a  town  plan,  413,  414 

resolutions  giving  incorporated  cities  increased  rep- 
resentation, 415,  416 
resolutions  not  to  be  enacted  preventing   muni- 
cipalities from  supplying  water,  gas,  or  electricity,  95 
resolution  concerning  to  be  considered  by  com- 
mittee of  the  Whole,  39 
resolution  concerning  to  be  printed  and  filed,  •              40 
resolution  providing  that  representation  in   the 
general  assembly  in  the  seven  largest  towns  shall 
not  be  taxed  same  as  in  the  seven  smallest  towns,  65 
salary  of  members  in,                             250,  262,  344,  345 
special  session  of,  recommended,                                    438 
the  senate  of  to  consist  of  sixty  members,                     199 
to  have  annual  sessions,                                                       61 
to  have  power  to  grant  electoral  privileges  to  women,  327 
to  pass  a  general  incorporation  law  for  cities,  55,  319 
to  require  a  two-thirds  vote  of  to  pass  bill  over 

Governor's  veto,  55,  56 

towns  not  to  be  deprived  of  representation  in,  80 

vote  on  representation  in  to  be  taken,  when,  58,  59,  82, 

96,  97 
vote  to  be  taken  separately  on  representation  in 

House  and  Senate,  180 


480  JOUENAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Page. 

Governor : 

not  to  appoint  members  of  the  assembly  to  office,  47,  48, 

281,  295,  296,  303 
resolution  concerning  pardons  by,  74 

resolutions  concerning  vetoes  by,  55,  66 

to  appoint  state's  attorneys,  61 

Grant,  Thompson  S. : 

appointed  on  committee  on  "Woman  Suffrage,  62 

Groesbeck,  "William  J. : 

appointed  on  committee  on  Representation,  387 

motion  by,  189 

resolution  introduced  by,  100 

Griswold,  Edward: 

motions  made  by,  110,  188,  416 

resolutions  introduced  by,  81,  264,  356 

Guilf  oile,  Francis  P. : 

appointed  on  committee  on  Eepresentation,   129,   388 
motions  by,  273,  326,   343,  425 

presides  over  committee  of  the  W^hole,  84 

resolution  introduced  by,  65 

Hall,  AVilliamH.: 

appointed  chairman  of  committee  on  Contingent 

Expenses,  56 

appointed  on  committee  on  Eepresentation,        129,  387 
motions  by,  89,  138,  195,  264,  411 

resolutions  introduced  by,  13,  14,  15,  20,  64,  92,  117, 

141,  368,  407,  411,  418 

Hall,  resolution  paying  for  chart  of  Convention,  418 

Hamersley,  E[on.  William: 

administered  oaths  to  delegates,  8 

Hayes,  Abner  P. : 

appointed  teller,  20 

resolutions  introduced  by,  28,  54,  GQ 

Health  officers : 

to  be  elected  by  the  people,  66 

Healy,  Prank  E. : 

elected  clerk  of  Convention,  14 

oath  administered  to,  14 


INDEX.  481 

Page. 

Hinman,  George  E. : 

resolution  appointing  assistant  clerk  of  Conven- 
tion, 14,  27 
election  of  as  assistant  clerk,                          42,  43,  44 
oath  administered  to,  44 

Holcomb,  Marcus  H. : 

appointed  on  committee  on  Judicial  Department,  264 
appointed  on  committee  on  Reporting  and  Printing,  35 
appointed  on  committee  on  Representation,  387 

appointed  on  committee  on  Special  Legislation,  320 
motions  by,  106,  345 

resolutions  introduced  by,  99,  180 

Hotchkiss,  David  B. : 

appointed  on  committee  on  Representation,  129 

resolution  introduced  by,  424 

House  of  Representatives : 

to  consist  of  one  representative  from  each  town,  192 

Hubbard,  Frederick  P. : 

resolutions  introduced  by,  48,  52,  71 

Huntington,  Joseph   S. : 

appointed  on  committee  on  Representation, 

appointed  on  Drafting  committee, 

arose  to  a  question  of  personal  privilege, 

motions  by, 

resolution  introduced  by. 


129 

163 

177 

30, 

380 

33 

69 

54 

119, 

,362 

Impeachments : 

resolution  concerning  trials  in. 
Imprisonment : 

resolution  permitting  it  for  fraud, 
Initiative  an<J  Referendum: 

general  assembly  given  power  to  enact, 
Injunctions : 

jury  trial  to  extend  to,  53,  183,  241 

Jarvis,  Charles  M. : 

presides  over  committee  of  the  Whole,  224 

Journal :  • 

authorizing  clerk  to  print,  21 

correction  of,  '  283 

c.  c— 31 


482       jouk:val  of  the  constitutional  convention. 

Page. 

Judges  : 

compensation  of  increased,  65 

granted  the  privilege  of  floor  of  Convention,  47 

not  to  practice  law,  81 

of  Probate  to  be  elected  for  four  years,  64 

to  be  appointed  by  Governor  and  confirmed  by 

General  Assembly,  81 

to  be  placed  upon  a  circuit,  75 

Judgments : 

appeals  from  justices  of  the  peace  to  be  to  Su- 
perior Court,  61 
of  city  and  town  courts  to  be  elected  by  the  people,        53 
resolutions   concerning  appointment  of,                41,    53 
salary  of  Supreme  and  Superior  Court  to  be  fixed 

by  General  Assembly,  54 

Judicial  Department: 

committee  on,  raised  and  appointed,  263,  264,  276 

committee  on,  report  of,  306,  319 

Jury : 

resolution  against  assessment  of  damages  by,  227 

resolution  raising  a  committee  concerning  trial 

by,  163,  184 

right  of  trial  by  to  extend  to  injunction  proceed- 
ings, 53,  241 
to  assess  damages  after  default,  53,  183,  230 
to  assess  damages  in  all  actions  at  law  and  equity,  75 
to  assess  damages  in  action  of  eminent  domain,  75 
trial  by  to  remain  inviolate,  53 
verdict  of  nine  to  be  accepted,                                 54,  229 

Justices  of  the  Peace : 

appeals  from  to  be  to  Superior  Court,  61 

Kendrick,  John  B. : 

motions  by,  31,  350 

resolution   introduced  by,  180 

Labor : 

to  have  protection  of  law,  182,  244 

Law: 

all  persons  to  be  equal  before  the,  183,  246,  248 


INDEX.  483 

Page. 

Liberty : 

no  person  to  be  tried  twice  for  tbe  same  offense,  61 

Life: 

no  person  to  be  tried  twice  for  the  same  offense,  61 

Lines,  H.  Wales : 

allowed  to  select  a  seat  in  Convention,  16 
allowed  the  privilege  of  wearing  his  hat  during 

sessions  of  Convention,  16 

appointed  on  committee  on  Representation,   129,  387 

resolutions  introduced  by,                                      119,  424 

Loomis,  Henry  E. : 

appointed  on  committee  on  Representation,  388 

gives  notice  of  a  motion  to  reconsider,  232 

motions  by,  30,  33,  46,  50,  88,  107,  116,  117,  131,  134, 

138,  157,  189,  203,  212,  230,  240,  264,  326,  380 

resolutions  introduced  by,                       39,  92,  117,  262 

Mail: 

messengers  authorized  to  deliver,  28 

to  be  distributed  under  direction  of  clerks,  185 

Maltbie,    Theodore   M. : 

appointed  chairman   of  Drafting  committee,  162 

appointed  on  committee  on  Representation,  129 

appointed  on  committee  on  Rules,  18 

motions  by,  138,  188,  189,  200,  202,  206,  212,  213,  216. 

218,  224,  230,  343 

resolution  introduced  by,  54 

Manual : 

clerk  authorized  to  prepare,  40 

Mead,  Benjamin  P. : 

presides  over  committee  of  the  Whole,  104 

Merritt,  Schuyler : 

appointed  as  chairman  of  committee  on  Judicial 

Department,  264 

appointed  on  committee  on  Reporting  and  Printing,  35 

motions  by,  46,  86,  133,  262,  285,  286,  288,  372,'  392 

presides  over  committee  of  the  Whole,  85 

resolutions  introduced  by,                                 41,  47,  138 

Messengers : 

appointment  of,  18,  32 

authorized  to  deliver  mail  of  Convention,  28 


484  JOUKNAL    OF    THE    COXSTITUTIOXAL    COXVENTIOX. 

Page. 
Messengers : 

gratuities  not  to  be  paid  to,  18 

not  to  place  written  or  printed  matter  on  desks 

of  delegates  without  consent  of  clerks,  185 

Milner,  Edwin : 

appointed  on  committee  on  Reporting  and  Printing,     35 
motions  by,  50,  58,  106,  117,  289,  331 

resolution  introduced  by,  -  GO 

Moyer,  M.  H. : 

resolution  paying  for  services  of,  407 

Municipality : 

General  Assembly  not  to  restrict  in  supplying 

water,  gas,  or  electricity,  95 

issue  of  bonds  by,  to  depend  on  vote  of  electors  in,  54, 

247,  249 

Negligence : 

of  a  co-employee  not  to  defeat  recovery  of  damages,     69 
.  l!^ettleton,  Lauren  L. : 

chosen  temporary  chairman  of  the  Convention,  9 

New  Business: 

resolution  concerning  introduction  of,  20,  58 

New  Haven  Civil  Service  Eef  orm  Association : 

resolution  concerning  civil  appointments,  48 

Northrop,  Charles  H. : 

resolutions  introduced  by,  52,  53,  437 

Northrop,  D.  Ward : 

appointed  chairman  of  committee   on   Special 

Legislation,  320 

appointed  on  committee  on  Rules,  18 

motions  by,  88,  251,  344,  424 

resolutions  introduced  by,  47,  61,  66,  87,  88,  93,  103 
Northrop,  Elmer  H. : 

vote  of,  corrected  in  journal,  221 

Oak  trees: 

thanks  of  Convention  for,  390 

Oath: 

administered  to  delegates,  9 

administered  to  R.  Jay  Walsh,  28 


INDEX.  485 

Page. 

Oath: 

form  of  administered  to  delegates,  9 

resolution  concerning  form  of  for  public  officers,  72 

Offenses : 

resolution  providing  that  no  person  shall  be  ar- 
rested the  second  time  for,  61 

Officers : 

in  the  counties  to  be  elected  by  electors  in,  55 

Orders  of  the  Day : 

appointment  of  County  Commissioners,  342,  343 

Article  Eleventh,  on  adoption  of,  365,  366,  367 

Article  Fifth  of  the  Constitution,  284 

Article  Third,  on  a  motion  to  reconsider,  212 

equal  town  representation,  104 

granting  of  special  charters  by  the  assembly,  265 

raising    a   Drafting   committee    on   Representa- 
tion, 150,  152 
report  of  the  Drafting  committee  on  Representation,  187 
report  of  the  committee  on  Rules,  27,  28,  29,  30,  31,  32 

Osborn,  ISTorris  G. : 

appointed  on  committee  on  Representation,   129,   387 
arose  to  a  question  of  personal  privilege,  83 

arose  to  a  question  of  information,  247 

motions  by,  27,  105,  107,  137,  155,  243,  246,  251,  255, 

409 

presents  the  block  and  gavel  to  the  president,  436 

presides  over  committee  of  the  Whole,  94 

resolutions  introduced  by,  33,  40,  48,  68,  74,  81,  91,  93, 

183,  227,  234,  236,  315,  325,  394,  409 

Papers : 

not  to  be  used  as  evidence  without  consent  of  prisoner,  69 

Pardons: 

appointment  of  State  Board  of,  321,  324 

Governor  to  have  power  to  grant,  74 

resolution  concerning  decision  of  Board  of,         364,  391 

Parker,  Rev.  E.  P. : 

opening  prayer  of  Convention  by,  12 

Pelton,  Charles  A. : 

appointed  on  Drafting  committee,  182 

motion  by,  147 


486  JOURNAL    OF    THE    CONSTITUTIONAL    CONVENTION. 

Page. 

Perpetuities : 

resolutions  concerning,  182,  246 

Perrj,  John  H. : 

appointed  chairman  of  the  committee  of  the  Whole,      46 
appointed  chairman  of  committee  on  Kepresenta- 

tion,  129 

appointed   chairman   of   the   committee   on   Style,    295 
appointed  on  committee  on  Representation,  387 

appointed  vice-president  of  the  Convention,  15 

motions  by,  31,  33,  49,  200,  219,  222,  255,  265,  268, 
279,  303,  304,  305,  319,  359,  365,  372,  377,  383,  384, 

391,    418,    420,    441 

question  as  to  parliamentary  practice  raised  by,         219 

resolutions  introduced  by,  18,  21,  33,  39,  40,'l25,  163, 

185,  249,  278,  390,  419,  438,  439 

Personal  Privilege : 

questions  of,  49,  83,  116 

Phelps,  Charles: 

appointed  on  committee  on  Credentials,  9 

appointed  on  committee  on  Judicial  Department,  264 
appointed  on  committee  on  Eepresentation,  388 

motions  by,  254 

presides  over  committee  of  the  Whole,  90 

resolution  introduced  by,  19,  21 

Pierce,  Noble  E.: 

appointed  on  committee  on  Woman  Suffrage,  62 

presides  over  the  Convention,  249 

motions  by,  14,  18,  166,  212,  218 

Pinney,  Edwin  C. : 

appointed  on  committee  on  Special  Legislation,       320 

Points  of  order,  42,45,50,58,59,70,77,  96,  97,  105,  106,  111, 
113,  120,  134,  147,  149,  197,  208,  209,  212,  213,  216, 
219,  221,  230,  235,  237,  254,  273,  284,  304,  321,  330, 
333,  334,  337,  360,  366,  373,  380,  381,  404,  405,  406, 

423 

Porter,  Marshall: 

appointed  on  committee  on  Pepresentation,  129 

Preamble : 

adopted,  164 

resolution  concerning,  163 


INDEX.  487 

Page. 

President : 

appoints  a  committee  on  Eepresentation,  387 

appoints  a  Drafting  committee  on  Representation,  162 
appoints  chairman  of  committee  of  the  Whole,  46 

appointment   of   committee   on   Contingent  Ex- 
penses by,  56 
appointment  of  committee  on  Reporting  and  Print- 
ing by,                        _                                     _  35 
appointment  of  committee   on   Special  Legisla- 
tion,                                                                     320,  322 
appointment  of  committee  on  Woman  Suffrage,         62 
appointed  chairman  of  the  committee  on  Repre- 
sentation,                                                              383,  387 
authorized  to  appoint  tellers,  20 
election  of,  9 
presentation  to  of  block  and  gavel,                                436 
rulings  by,  42,  45,  77,  147,  149,  197,  208,  209,  212,  213, 
216,  219,  221,  235,  248,  250,  254,  273,  284,  304, 
321,  331,  333,  334,  337,  344,  360,  366,  373,  380, 

381,  405,  406 
appeals  from,  42,  304 

Press : 

resolution  of  thanks  to  representatives  of,  437 

Previous  Question  Ordered,  153,  157,  189,  204,  218,  245, 

246,  268,  284,  321,  334,  335,  337,  344,  357,  361,  366, 

372,  381,  398,  430 
Printing : 

resolution  ordered  to  be  printed,  174 

Private  property : 

not  to  be  used  as  evidence  without  consent  of  prisoner,  69 
Probate : 

districts  not  to  be  altered,  264,  356 

judges  of  to  be  elected  for  four  years,  64 

Public  Library: 

State  to  make  appropriation  for  in  towns,  87 

Public  Officer : 

resolutions  concerning  special  privileges,  104,  347 

Quorum : 

adjournment  for  want  of,  121,  265 


488  JOURNAL    OP    THE    CONSTITUTIONAL    CONVENTION. 

Page. 

Recesses  of  Convention,  44 

Kedfield,  Amasa  A. : 

resolutions  introduced  by,  19,  33,  254 

Religion : 

resolution  concerning  support  of,  55 

resolution  concerning  preference  in,  61 

Religious : 

inserted  in  bill  of  rights,  249 

Reporting  and  Printing: 

resolution  concerning  appointment  of,  35 

committee  on,  appointment  of,  35 

report  of,  43,  44,  56 

Republican  City  Convention : 

resolution  by  in  favor  of  increased  representation,        316 
Resolutions : 

clerk  instructed  to  read  tbem  to  Convention,  50 

referred  to  the  committee  of  the  "Whole,  177 

Retrospective  Laws : 

General  Assembly  not  to  enact,  182,  245 

Rhode  Island : 

resolution  concerning  the  printing  of  the  Consti- 
tution of,  79 
Robbins,  Rev.  S.  W. : 

opens  Convention  with  prayer,  301 

Roll  Call: 

daily,  122,  136,  143,  151,  161,  175,  181,  186,  210,  220, 
226,  233,  242,  253,  266,  282,  293,  301,  314,  317,  323, 
328,  340,  351,  363,  369,  376,  389,  393,  403,  412, 

426 

ordered, 

resolution  dispensing  with, 
Rules : 

committee  on,  appointed, 

of  the  Convention, 

ordered  sent  to  delegates, 

report  of  committee  on, 

resolutions  amending, 

resolutions  concerning, 
Russell,  Henry  B. : 

resolution  introduced  by,  81 


120,  ' 

i20 
33 

18 
35 

27 

21, 

25, 

28, 

29, 

30, 

31,  32, 
42, 
19, 

,  62 

62 

,  33 

INDEX.  489 

Page. 

Sanford,  Jonathan  B. : 

appointed  on  committee  on  Representation,  129,   388 

appointed  on  committee  on  Special  Legislation,  320 

resolution  introduced  by,  400 

Sears,  Edward  H. : 

appointed  on  committee  on  Eepresentation,  129,  387 

resolution  introduced  by,  41 

Seats : 

assignment  of  in  Convention,  15 

Secretary  of  State : 

debentures,  grants,  and  orders  to  be  filed  with,  21 

Selectmen : 

to  be  elected  for  two  years,  64 

Senate : 

resolution  in  favor  of  an  increase  in,  60 

to  consist  of  sixty  members,                         «  199 

Skinner,  Elliot  P.: 

appointed  on  committee  on  Woman  Suffrage,  62 

presides  over  committee  of  the  Whole,  133 

Smith,  Alonzo  E. : 

appointed  on  committee  on  Eepresentation,  129 

resolution  introduced  by,  74 

Smith,  Eev.  Charles  H. : 

appointed  Chaplain,  28 

motions  by,  44,  265 

resolutions  introduced  by,  66,  69 

Smith,  Wellington  B. : 

appointed  on  committee  on  Eepresentation,  129,  388 

Somes,  Aurin  P. : 

appointed  on  committee  on  Eepresentation,  129,  387 

appointed  on  Drafting  committee,  163 

Special  Legislation : 

resolutions  authorizing  Comptroller  to  print  laws 

of  other  states  concerning,  74,  79 

committee  on,  raised  and  appointed,  319,  320 

report  of,  329,  330,  331,  332,  333,  334,  335,  336,  338, 

339,  341,  342 

resolutions  concerning,  45,  54,  83,  284,  299,  302,  313, 

315,  316,  318,  319,  365 


490  JOURNAL    OF    THE    COXSTITUTIOXAL    COXVEXTIOX. 

Page. 

Sperry,  Lewis ; 

appointed   on   committee   on   Representation,  129 

appointed  on  committee   on   Style,  295 

motions  by,  '        152,  158,  206,  373 

presides  over  committee  of  the  Whole,  97 

report  by,   of  committee  on   Representation,  132 

resolntion  of  thanks  of  Convention  to,  436 

resolutions  introduced  by,  132,  250 

State  officers : 

election  of,  .  200 

election  returns  of,  202 

granted  privilege  of  floor  of  Convention,  47 

States : 

resolution  concerning  designation  of  by  Congress,   82 

State's  Attorneys : 

resolutions  against  any  change  in  appointment  of,     81 
to  be  appointed  by  the  Governor,  61,  348 

to  be  elected  by  the  electors  in  the  counties,         61,  362 

Stenographer : 

resolution   concerning    appointment    of   for   the 

Convention,  21 

Stenographic  Report  of  Convention : 

Comptroller  authorized  to  purchase,  386,  407 

Stevens,  William  K. : 

resolutions  introduced  by,  42,  52,  55,  56,  68,  69,  72,  87 

Storrs,  Ralph  W. : 

appointed  on  committee  on  Representation,  388 

Strong,  Noble  B. : 

motions  by,  383,391,394 

Style: 

committee  on,  raised  and  appointed,  278,  294,  295 

committee  on,  report  of,  370,  371,  441 

Supreme  Court: 

jurisdiction  of  extended  to  errors  of  fact,        42,  306,  320 

Supreme  and  Superior  Courts : 

resolution  concerning  appointment  of  judges  of,         41 
salary  of  judges  of  to  be  paid  by  General  Assembly,  54 

Tellers: 

appointment  of,  20 


INDEX.  491 

Page. 

Town  Officers : 

to  be  elected  for  two  years,  64 

Towns : 

appropriation  to,  for  public  library,  87 

limitation  on  power  to  incur  debts,  86 

not  to  be  deprived  of  representation  in  General 

Assembly  without  consent  of,  80 

not  to  be  deprived  of  territory  without  consent  of,  86 
to  have  legislative  power  within  their  limits,  68,222,303 
to  have  local  option  in  self  government,  86,  348 

Transportation  of  members  of  Convention,  18,  437 

Trees : 

thanks  of  Convention  for,  390 

Trieschmann,  Luther  H. : 

resolution  paying  for  services  of,  418 

Trusts : 

General  Assembly  to  abolish,  182,  246 

United  States  Senators : 

election  of  by  the  people,  341 

Vance,  Eobert  J. : 

appointed  on  committee  on  Reporting  and  Printing,  35 
motions  by,  163 

presides  over  committee  of  the  Whole,  67 

resolutions  introduced  by,  21,  47 

Verdict : 

a  majority  of  nine  of  a  jury  to  render  verdict,  54 

Vetoes : 

resolutions  concerning,  55 

Vinal,  Charles  G.  R. : 

Convention  opened  by,  3 

Voters : 

resolution  concerning  rights  of,  81 

Wagner,  Rev.  J.  P. : 

opens  Convention  with  prayer,  181 

Waldo,  Gerald: 

appointed  on  committee  on  Representation,  387 

motions  by,  59,  197,  366 


492  JOUEXAL    OF    THE    CONSTITUTIONAL    CONVENTION, 

Page. 

Waller,  Thomas  M. : 

appointed  as  chairman  of  the  committee  of  the 

Whole,  63,  66,  84 

appointed  on  committee  on  Judicial  Department,  264 
appointed  on  committee  on  Representation,  129,  387 
appointed  on  committee  on  Woman  Suffrage,  62 

appointed  vice-president  of  Convention,  15 

motions  bj,  16,  45,  50,  85,  113,  138, 141,  145,  147,  150, 
152,  169, 172,  209,  211,  218,  219,  254,  265,  281,  296, 
300,  316,  325,  327,  330,  333,  334,  339,  364,  366, 

392,  428,  430 
resolutions  introduced  by,  20,  45,  47,  79,  81,  95,  103, 
112,  163,  183,  193,  195,  249,  263,  321,  437 
Walsh,  Denis  T. : 

motions  by,  167,  241 

resolutions  introduced  by,  53,  55,  75,  183 

Walsh,  R.  Jay : 

resolution  introduced  by,  91 

takes  oath  of  office,  28 

Wanzer,  Homer  L. : 

resolutions  introduced  by,  52,  406 

Warner,  Donald  T. : 

appointed  on  committee  on  Representation,  387 

appointed  on  committee  on  Rules,  18 

appointed  on  committee  on  Style,  295 

appointed  on  committee  on  Woman  Suffrage,  62 

arose  to  a  question  of  personal  pri\41ege,  116 

motions  by,  29,  58,  88,  96,  134,  140,  253,  255,  265,  278, 
279,  284,  286,  289,  303,  311,  313,  320,  343,  348, 

350,  353,  357,  372,  424 

nominates  president  of  Convention,  9 

presides  in  the  committee  of  the  Whole,  89 

resolutions  introduced  by,  41,  60,  61,  65,  80,  81,  110, 

113,  134,  137,  147,  177,  251,  262,  272,  280,  289, 

291,  413,  415,  438 
Waterbury : 

resolution  of  sympathy  to,  91 

Webb,  James  H. : 

appointed  on  committee  on  Judicial  Department,         264 
appointed  on  committee  on  Rules,  18 

appointed  on  committee  on  Special  Legislation,  320 


INDEX.  493 

Page. 

Webb,  James  H. : 

motions  by,                                  106,  107,  281,  286,  383 

presides  over  committee  of  the  Wbole,  166 

resolutions  introduced  by,  lY,  86,  87 

Whittlesey,  Lyman  W. : 

appointed  teller,  v                 20 

Woman  Suif  rage : 

committee  on,  appointed,  and  report  of,  62,  272 

General  Assembly  to  have  power  to  grant,  327 

resolutions  concerning,  47,  61,  6Q,  93 

Woodman,  Howard  H. : 

motion  by,  348 

Woodward,  Asa  B. : 

appointed  on  committee  on  Style,  295 

motions  by,  254,  360,  435 

presides  over  committee  of  the  Whole,  98 

resolutions  introduced  by,  102,  408 

Woodward,  Samuel  R. : 

resolution  introduced  by,  100 

Woodward,  Asa  B. : 

appointed  on  committee  on  Rules,  18 

resolution  introduced  by,  40 

Work: 

eight  hours  to  constitute  a  day's,  93,  364 

Yeas  and  Nays  ordered,  125,  138,  145,  148,  153,  155,  158, 
189,  190,  191,  192,  193,  195,  197,  204,  207,  214,  216, 
238,  268,  273,  286,  296,  331,  335,  345,  357,  373,  378, 
381,  395,  398,  400,  409,  414,  416,  421,  428,  430,  432, 

442 


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^^^^    Libraries 


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